AUTHORITY: Implementing Articles 1 through 7B of the Illinois Human Rights Act [775 ILCS 5] and the Intergovernmental Cooperation Act [5 ILCS 220], and authorized by Sections 7-101(A) and 7-105(A) of the Illinois Human Rights Act.

SOURCE: Adopted November 20, 1972 by the Fair Employment Practices Commission; transferred to the Department of Human Rights by P.A. 81-1216, effective July 1, 1980; emergency amendments at 4 Ill. Reg. 39, p. 335, effective September 17, 1980, for a maximum of 150 days; amended at 5 Ill. Reg. 1627, effective February 9, 1981; amended at 6 Ill. Reg. 2125, effective February 8, 1982; amended at 6 Ill. Reg. 3076, effective March 15, 1982; amended at 6 Ill. Reg. 8090, effective July 1, 1982; codified at 8 Ill. Reg. 17884; amended at 17 Ill. Reg. 15556, effective September 13, 1993; amended at 18 Ill. Reg. 16829, effective November 4, 1994; emergency amendment at 20 Ill. Reg. 445, effective January 1, 1996, for a maximum of 150 days; emergency amendment at 20 Ill. Reg. 5084, effective March 15, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 6291, effective April 18, 1996; amended at 20 Ill. Reg. 10631, effective July 24, 1996; amended at 21 Ill. Reg. 14081, effective October 10, 1997; amended at 26 Ill. Reg. 17217, effective November 18, 2002; amended at 29 Ill. Reg. 804, effective December 28, 2004; amended at 30 Ill. Reg. 1343, effective January 13, 2006; amended at 30 Ill. Reg. 13403, effective July 31, 2006; amended at 30 Ill. Reg. 18715, effective November 20, 2006; amended at 31 Ill. Reg. 12319, effective August 8, 2007; amended at 31 Ill. Reg. 14815, effective October 19, 2007; amended at 32 Ill. Reg. 13482, effective August 1, 2008; amended at 33 Ill. Reg. 11311, effective July 20, 2009; amended at 33 Ill. Reg. 17086, effective December 4, 2009; amended at 34 Ill. Reg. 11413, effective July 20, 2010; amended at 36 Ill. Reg. 8699, effective June 1, 2012; amended at 38 Ill. Reg. 9481, effective April 21, 2014; amended at 39 Ill. Reg. 5601, effective April 6, 2015; amended at 41 Ill. Reg. 11560, effective August 29, 2017; amended at 42 Ill. Reg. 17235, effective September 17, 2018; emergency amendment at 44 Ill. Reg. 12676, effective July 10, 2020, for a maximum of 150 days; emergency amendment at 44 Ill. Reg. 16886, effective October 1, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 19864, effective December 14, 2020.

SUBPART A: INTERPRETATIONS

 

Section 2520.10  Definition of Terms

 

For purposes of this Part, the following terms shall have the meanings indicated:

 

            Act – the Illinois Human Rights Act [775 ILCS 5].

 

            Charge – an allegation of a civil rights violation filed with or initiated by the Department, and with regard to Subpart F, one filed with a local human rights agency.

 

            Chief Legal Counsel – the Chief Legal Counsel of the Department or a duly authorized designee.

 

            Commission – the Illinois Human Rights Commission or, where appropriate, a panel of three Commissioners.

 

            Complainant – a person who files a charge or a complaint, including the Department in the case of a charge initiated by the Department.

 

            Complaint – a written complaint for hearing filed with the Commission.

 

            Days – calendar days.

 

            Department – the Department of Human Rights.

 

            Director – the Director of the Department or a duly authorized designee.

           

            Local Agency – any department, commission or other instrumentality of a municipality or other political subdivision of the State of Illinois, or of two or more such political subdivisions acting jointly, which is duly established to serve purposes consistent with those of the Act.

 

            Party – the complainant or respondent.

 

            Person – an entity as described in Section 1-103 of the Act [775 ILCS 5/1-103].

 

            Request for Review – as to charges filed with the Department before January 1, 2008, an appeal filed with the Chief Legal Counsel as described in Section 7A-102(D)(3) of the Act before passage of PA 95-243 [775 ILCS 5/7A-102(D)(3)].  As to charges filed with the Department on or after January 1, 2008, an appeal filed with the Commission as described in Section 7A-102(D)(3) of the Act.

 

            Respondent – a person against whom a charge or complaint is filed.

 

            Unlawful Discrimination – any form of discrimination prohibited under the Act or under a local ordinance administered by a local agency.

 

(Source:  Amended at 32 Ill. Reg. 13482, effective August 1, 2008)

 

Section 2520.20  Computation of Time

 

To compute any period of time provided for under the Act, the date of any act, event, service or default from which such period of time begins to run shall not be included.  When the last day of any such period falls on a Saturday, Sunday or legal State holiday, such time period shall continue to run until the end of the next day which is not a Saturday, Sunday, or legal State holiday. Whenever a time period commences upon a person's receipt of service or notice, and service is by mail, receipt shall be presumed to occur on the fifth day after mailing.

 

(Source:  Amended at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.30  Service of Documents

 

a)         Manner of Service.  Unless otherwise provided, all documents required to be served under the Act or this Part shall be served personally, by telefax, by electronic service, by U.S. mail, or by private delivery service.

 

b)         Proof of Service.  When service on the Department is required, proof of service shall be filed with the Department consisting of the verified statement of the individual making service, specifying the title of the document, manner and date of service.

 

c)         Effective Date of Service 

 

1)         Service by mail shall be deemed complete five days after mailing of the document, properly addressed and posted for delivery to the person to be served.

 

2)         Service by telefax or electronic service shall be deemed complete when transmitted, regardless of when the recipient opens or reads the electronic communication, properly addressed to the person to be served.  Telefax or electronic service served on a Saturday, Sunday or legal state holiday are deemed served on the following business day.

 

(Source:  Amended at 44 Ill. Reg. 19864, effective December 14, 2020)

 

Section 2520.40  Filing with the Department

 

Documents required to be filed with the Department will be deemed filed when received, if hand-delivered, telefaxed, or electronically submitted.  An item delivered by the U.S. Postal Service will be deemed to have been filed when postmarked, properly addressed and posted for delivery.  An item delivered by a private delivery service will be deemed to have been filed on the date sent as indicated on the label, or in the absence of such a date on the label, will be deemed filed on the date received. An item submitted electronically will be deemed to have been filed on the date received by the Department's electronic communication system, unless it is submitted on a Saturday, Sunday or legal State holiday, in which case, it is deemed filed on the following business day.

 

(Source:  Amended at 44 Ill. Reg. 19864, effective December 14, 2020)

 

Section 2520.50  Separability

 

In the event any provision or term of this Part, or any amendment thereto, is determined by a court or other authority of competent jurisdiction to be invalid, such determination shall not affect the remaining provisions which shall continue in full force and effect.

 

(Source:  Amended at 5 Ill. Reg. 1627, effective February 9, 1981)

 

Section 2520.110  Preservation of Records by Employers, Labor Organizations, Employment Agencies and Respondents

 

a)         Employers subject to the Act shall preserve and maintain the following records, to the extent that they may exist, for the periods indicated herein:

 

1)         Applications for employment, resumes, and other documents or supporting materials submitted by or on behalf of applicants; and all interview forms, aptitude or qualifying examinations, personal history or background examination reports, medical history and physical examination reports, and other documents, pertaining to each applicant, for a period of one year from the date of application;

 

2)         Each employee's personnel file, including performance evaluations, attendance/tardiness records, reprimands and disciplinary records, and suspension, lay-off, termination or resignation records, for a period of one year from the date of such employee's termination or separation from employment;

 

3)         Job descriptions, production standards, and other records of required job duties, qualifications and performance criteria, for a period of one year following the date the same cease to be effective.

 

b)         Labor organizations subject to the Act shall preserve and maintain the following membership and business records to the extent that they may exist for the periods indicated herein:

 

1)         Applications for membership or transfer of membership, and supporting documents or materials submitted by or on behalf of any applicant, and any records bearing on the disposition thereof, for a period of one year from the date of application;

 

2)         All membership and apprenticeship records, including records pertaining to the discipline, suspension or expulsion of a member, apprentice, or trainee, for a period of one year from the date of expulsion or separation of any such person from membership or an apprenticeship or training program;

 

3)         All grievance and arbitration records, including documents pertaining to the request by or on behalf of any member of the collective bargaining unit that a grievance be initiated, and any documents reflecting the disposition of such a request or the disposition of any grievance filed, for a period of one year from the date of such request or from the date of final resolution of the grievance.

 

c)         Employment agencies shall preserve the following documents for a period of one year from the time these documents are created:

 

1)         all applications for assignment to an employer, and documents in support thereof;

 

2)         any documents bearing on the disposition thereof;

 

3)         documents relating to the terms and conditions of an assignment.

 

d)         Charge Pending – Notwithstanding any other provision of this Part, once a charge has been served on a respondent, the respondent shall preserve all records and other evidence pertaining to the charge until the matter has been finally adjudicated.

 

(Source:  Amended at 18 Ill. Reg. 16829, effective November 4, 1994)

SUBPART B: CHARGE

 

Section 2520.310  Time of Filing (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.320  Form (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.330  Contents

 

A charge shall be in such detail as to substantially apprise parties of the time, place and facts with respect to the alleged civil rights violation.  The charge shall contain the following:

 

a)         the full name and address of the complainant; however, upon request of complainant or respondent and with agreement of the Department, the name of complainant will not be released to the public;

 

b)         the full name and address of each respondent;

 

c)         a statement of the facts alleged to constitute a prima facie case of a civil rights violation, including the date, time, and place of the violation;

 

d)         a statement of each specific harm the complainant has suffered as a consequence of the alleged civil rights violation; and

 

e)         complainant's signature notarized under oath or affirmation or verified by certification (as required by Sections 7A-102(a)(1) and 7B-102(a)(1) of the Act) stating:

 

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he verily believes the same to be true.  [735 ILCS/5/1-109]

 

(Source:  Amended at 44 Ill. Reg. 19864, effective December 14, 2020)

 

Section 2520.340  Requirements for Charge (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.350   Unperfected Charge

 

In the event the Department receives a written statement from an individual which complies substantially with Section 2520.330 of this Part, the Department may accept and docket the statement (or a refined version of it) as an unperfected charge.  The Department shall notify the complainant in writing of the elements which must be supplied.  If the complainant fails or refuses to perfect the charge as specified, the charge may be dismissed pursuant to Section 2520.560 if this Part.

 

(Source:  Amended at 30 Ill. Reg. 18715, effective November 20, 2006)

 

Section 2520.360  Amendment

 

a)         A charge may be amended to cure technical defects or to set forth additional facts or allegations related to the subject matter of the original charge, and such amendments shall relate back to the original filing date.

 

b)         A charge may be amended to include new harms or bases which occurred within 180 days of the amendment or, for charges under Article 3 of the Act, one year of the date of the amendment.

 

c)         A charge may be amended to substitute or name additional respondents. Such an amendment will relate back to the original filing date if at the time of the amendment a separate charge could have been timely filed against such additional respondent or such additional respondent had timely notice of the original charge and the fact it might be involved therein.  Mere misnomer of a party may be cured at any time.

 

d)         If a party dies during pendency of the proceedings, the charge may be amended to substitute the legal representative, or other person with a legally recognized interest in the decedent's estate, for the deceased.

 

(Source:  Amended at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.370  Substitution and Addition of Parties (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.380  Withdrawal of Charge

 

A charge or any part may be withdrawn at any time prior to issuance of a notice dismissing the charge or the filing of a Complaint based on the charge.  A complainant's request to withdraw a charge shall be in writing and signed and shall specifically reference the Department's charge number and any applicable federal or local charge numbers.  The Department shall approve the request if it is knowingly and voluntarily made, and shall administratively close the charge pursuant to Section 2520.550 of this Part.

 

(Source:  Amended at 18 Ill. Reg. 16829, effective November 4, 1994)

SUBPART C: PROCEDURE UPON CHARGE

 

Section 2520.405  Verified Response to Charge

 

a)         Pursuant to Section 7A-102(B), for charges filed prior to September 8, 2017, within 60 days after receipt of the notice of the charge, or of a substantive amendment to a charge that includes new harms, bases or respondents pursuant to Section 2520.360(b) and (c), respondent shall file a verified response to the allegations in the charge.  Respondent shall serve a copy of the verified response on complainant or complainant's representative and shall show proof to the Department that the copy was served on complainant or complainant's representative.

 

b)         Pursuant to Section 7B-102(B), for charges filed prior to September 8, 2017, within 30 days after receipt of the notice of the charge, or of a substantive amendment to a charge that includes new harms, bases or respondents pursuant to Section 2520.360(b) and (c), respondent shall file a verified response to the allegations in the charge.  Respondent shall serve a copy of the verified response on complainant or complainant's representative and shall show proof to the Department that the copy was served on complainant or complainant's representative. 

 

c)         When, without good cause shown, respondent's verified response is not timely filed and/or served on complainant or complainant's representative, complainant may raise that issue before the Department.  The raising of an issue of an untimely filed and/or served verified response with the Department does not relieve complainant of complainant's duty to comply with the Department's investigation.

 

d)         Pursuant to Sections 7A-102(B) and 7B-102(B) of the Act, good cause for untimely filing a verified response may include, but shall not be limited to:

 

1)         Death or sudden, serious illness of respondent or respondent's representative; or

 

2)         Death or sudden, serious illness of an immediate family member of respondent or respondent's representative; or

 

3)         Respondent filed and served a timely verified response, but the Department later determined that respondent's verified response was defective; or

 

4)         Respondent acted with due diligence and was not deliberate or contumacious and did not unwarrantedly disregard the verified response process, as supported by affidavit or other evidence; or

 

5)         Respondent's failure to timely file a verified response was due to circumstances beyond respondent's control, as supported by affidavit or other evidence.

 

e)         Whether good cause exists is in the sole discretion of the Department.

 

f)         When respondent is responding to a notice to show cause for failing to timely file the verified response and/or timely serve a copy on complainant or complainant's representative, respondent shall include the verified response with the response to the notice to show cause and show proof that respondent has served the verified response on complainant or complainant's representative.

 

(Source:  Amended at 42 Ill. Reg. 17235, effective September 17, 2018)

 

Section 2520.407  Response to Charge

 

a)         For charges filed on or after September 8, 2017, pursuant to Section 7A-102(B) of the Act, the Department may require respondent to file a response to the allegations in the charge.  Respondent shall file a response to the charge within 60 days after service of the Department's request.  If the Department does not require a response, Respondent may still choose to file a response to the charge within 60 days after service of the charge.  Respondent shall serve a copy of the response to the charge on complainant or complainant's representative and shall show proof to the Department that the copy was served on complainant or complainant's representative.

 

b)         For charges filed on or after September 8, 2017, pursuant to Section 7B-102(B) of the Act, the Department may require respondent to file a response to the allegations in the charge.  Respondent shall file a response to the charge within 30 days after service of the Department's request.  If the Department does not require a response, respondent may still choose to file a response to the charge within 30 days after service of the charge.  Respondent shall serve a copy of the response to the charge on complainant or complainant's representative and shall show proof to the Department that the copy was served on complainant or complainant's representative.

 

c)         Reasons for the Department to request that respondent file a response to the charge may include, but are not limited to:

 

1)         Circumstances of the allegations in the pending charge; or

 

2)         Multiple charges have been filed or are pending against respondent; or

 

3)         Complainant filing a substantive amendment to the charge or a new charge that includes new allegations; or

 

4)         Conflicting or insufficient evidence regarding the legal name or identity of respondent; or

 

5)         Respondent's failure to cooperate during the investigation of the pending charge; or

 

6)         The charge was initiated by the Director.

 

d)         For charges filed on or after September 8, 2017, pursuant to Sections 7A-102(B) and 7B-102(B) of the Act, good cause for untimely filing a response required by the Department may include, but shall not be limited to:

 

1)         Death or sudden, serious illness of respondent or respondent's representative; or

 

2)         Death or sudden, serious illness of an immediate family member of respondent or respondent's representative; or

 

3)         Respondent filed and served a timely response, but the Department later determined that respondent's response was defective; or

 

4)         Respondent acted with due diligence and was not deliberate or contumacious and did not unwarrantedly disregard the response process, as supported by affidavit or other evidence; or

 

5)         Respondent's failure to timely file a response was due to circumstances beyond respondent's control, as supported by affidavit or other evidence.

 

e)         Whether to request a response and whether good cause exists are in the sole discretion of the Department.

 

f)         When respondent is responding to a notice to show cause for failing to timely file the response to a charge required by the Department and/or when respondent is responding to a notice to show cause for failing to timely serve a copy of the response to charge on complainant or complainant's representative, respondent shall include the response to the charge with the response to the notice to show cause and show proof that respondent has served the response on complainant or complainant's representative.

 

(Source:  Added at 42 Ill. Reg. 17235, effective September 17, 2018)

 

Section 2520.410  Docketing and Service of Charge (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.415  Mediation

 

a)         Purpose.  Pursuant to Section 7A-102(B-1) of the Act, the Department may conduct a conference for the purpose of negotiating a settlement to resolve the issues in dispute if the parties to a charge voluntarily agree to submit the charge to mediation.

 

b)         Termination of Mediation.  The Department will terminate the mediation proceedings if either party fails to comply with this Section or if the Department determines that continuation of the mediation proceedings is unlikely to result in a settlement of the charge of discrimination.

 

c)         Extension.  Prior to scheduling a mediation conference, the Department will require parties to the charge to agree in writing to extend the 365 days for processing the case pursuant to Section 7A-102(G)(1) of the Act.

 

d)         Attorneys, Witnesses.  A party may be accompanied at a mediation conference by his/her attorney or other representative, and by a translator if necessary.  An attorney for a party not previously having entered an appearance must do so at the beginning of the conference.  The parties shall not bring witnesses to the mediation conference.

 

e)         Conduct.  The mediator or other designee of the Department shall conduct the mediation conference and control the proceedings.  The Department may limit the number of attendees who attend the mediation conference for each party. 

 

f)         Settlement Agreement.  Pursuant to Section 7A-102(B-1) of the Act, no party attending a mediation conference shall be required to accept the result of a mediation.  Each party to a settlement agreement will have 10 consecutive calendar days from the date of the conference to revoke his/her acceptance of a settlement.  The 10 day revocation period may be waived by written agreement of the parties. 

 

g)         Failure to Settle.  If the parties are unable to reach an agreement, or if a party revokes his/her acceptance of the settlement within 10 days, the Department will investigate the charge of discrimination.

 

h)         Confidentiality.  The mediation conference will be confidential.  No tape recording, stenographic report or other verbatim record of the conference will be permitted.

 

(Source:  Added at 38 Ill. Reg. 9481, effective April 21, 2014)

 

Section 2520.420  Maintenance of Records (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.430  Investigation

 

a)         After a charge has been filed, the Department's staff shall institute an investigation to ascertain the facts relating to the civil rights violation as alleged in the charge and any amendments.

 

b)         A respondent must promptly provide the Department with a notice of any change in address or telephone number or of any prolonged absence from the current address so that respondent can be located.  If, during the investigation, a respondent refuses to cooperate, the Director may either make a finding of substantial evidence or request the Commission issue subpoenas to compel the attendance of witnesses or the production of documents.

 

c)         A complainant must promptly provide the Department with a notice of any change in address or telephone number or of any prolonged absence from the current address so that he or she can be located.  A complainant must cooperate with the Department, provide necessary information and be available for interviews and conferences upon reasonable notice or request by the Department.  If a complainant cannot be located or does not respond to reasonable requests by the Department, the Department may dismiss the charge pursuant to Section 2520.560 of this Part.

 

d)         The Director may request the Commission issue subpoenas to compel the production of any documents and/or the attendance of witnesses at an interview conducted by the Department or at a fact-finding conference.

 

e)         The Department may withhold any witness statement, or the identity of any witness, as confidential upon the request of a party or the witness.

 

f)         The Department shall neither rely on nor make credibility determinations without affording the parties the rights of confrontation and cross-examination.  (See Cooper v Salazar, #98C2930, U.S. District Court for the Northern District of Illinois, Order dated November 1, 2001, paragraph 26.1).

 

(Source:  Amended at 31 Ill. Reg. 14815, effective October 19, 2007)

 

Section 2520.440  Fact-Finding Conference

 

a)         Notice.  As part of its investigation, the Department may convene a fact-finding conference for the purpose of obtaining evidence, identifying the issues in dispute, ascertaining the positions of the parties and exploring the possibility of a negotiated settlement.  Notice of the conference shall be given to all parties at least ten days prior thereto, and shall identify the individuals requested to attend on behalf of each party.  These time provisions may be waived by agreement of the parties and the Department.

 

b)         Attorneys, Witnesses.  A party may be accompanied at a fact-finding conference by his/her attorney or other representative, and by a translator if necessary.  An attorney for a party not previously having entered an appearance must do so at the beginning of the conference.  The parties may bring witnesses to the conference in addition to those whose attendance is mandated by the Department.

 

c)         Conduct.  The investigator or other employee of the Department shall conduct the conference and control the proceedings.  No tape recording, stenographic report or other verbatim record of the conference can be made. The investigator shall decide which witnesses shall be heard and the order in which they are heard.  The investigator may exclude witnesses and other persons from the conference, except that each party and one representative and a translator shall be permitted to remain.

 

d)         Dismissal or Default for Non-attendance.

 

1)         For charges filed before January 1, 1996, the failure of a party to attend the conference without good cause after due notice may result in dismissal of the charge pursuant to Section 2520.560 of this Part, in the case of a complainant, or default pursuant to Section 2520.570 of this Part, in the case of a respondent.  For charges filed on or after January 1, 1996, the failure of a party to attend the conference without good cause after due notice shall result in dismissal of the charge pursuant to Section 2520.560 of this Part, in the case of a complainant, or default pursuant to Section 2520.570 of this Part, in the case of a respondent.

 

2)         A party who appears at the conference exclusively through an attorney or other representative unfamiliar with the events at issue shall be deemed to have failed to attend, unless, with respect to a respondent, it establishes that it does not employ or control any person with knowledge of the events at issue.

 

3)         Failure to Appear

 

A)        Pursuant to this Section  and Section 7A-102(C)(4) of the Act, good cause for failing to attend the fact-finding conference may include, but shall not be limited to:

 

i)          death or sudden, serious illness of a party scheduled to attend the fact finding conference; or

 

ii)         death or sudden, serious illness of an immediate family member of a party scheduled to attend the fact finding conference; or

 

iii)        the party acted with due diligence and was not deliberate or contumacious and did not unwarrantedly disregard the fact-finding conference process, as supported by affidavit or other evidence; or

 

iv)        circumstances beyond the non-attending party's control, as supported by affidavit or other evidence.

 

B)        If more than one person from a party is scheduled to attend the fact-finding conference, the inability of one person to attend shall not constitute good cause for failure of other persons to attend.

 

4)         In assessing good cause, the factors which the Department may consider shall include, but shall not be limited to, whether the party has provided timely notice of its inability to attend the fact-finding conference and whether the party has complied with the Department's request for documentation of the reason for not attending the conference.

 

5)         Whether good cause exists and whether a fact-finding conference is rescheduled are in the sole discretion of the Department.

 

(Source:  Amended at 30 Ill. Reg. 18715, effective November 20, 2006)

 

Section 2520.450  Administrative Closure (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.460  Determination After Investigation (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.470  Conciliation (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.480  Complaint (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.490  EEOC Dual Filed Charges

 

a)         The following will apply to all charges filed after August 26, 2011 with the Equal Employment Opportunity Commission (EEOC) and dual filed  with the Department pursuant to Section 7A-102(A-1) of the Act:

 

1)         The charge will be initially investigated by the EEOC pursuant to the EEOC's rules and procedures.

 

2)         The Department will not take any action on the charge until the EEOC issues its final determination.

 

3)         Within 30 days after receiving the final determination from the EEOC, the complainant must submit a copy of the EEOC's determination to the Department in order to preserve the complainant's rights under the Act.

 

b)         The Department will investigate a charge filed with the EEOC and dual filed with the Department pursuant to Section 7A-102(A) and (B) through (G) of the Act if:

 

1)         The EEOC dismisses the charge or a portion of the charge of discrimination because, under federal law, the EEOC lacks jurisdiction over the charge and the Department has jurisdiction over the charge; or

 

2)         The EEOC defers the case to the Department for investigation pursuant to the Department's work sharing agreement with the EEOC.

 

c)         After receiving notice from the EEOC that a charge has been filed pursuant to Section 7A-102(A-1) of the Act, the Department will notify the parties that:

 

1)         A charge has been received by the EEOC and has been sent to the Department for dual filing purposes;

 

2)         The EEOC is the governmental agency responsible for investigating the charge and the investigation shall be conducted pursuant to the rules and procedures adopted by the EEOC;

 

3)         The Department will take no action on the charge until the EEOC issues its final determination;

 

4)         The complainant must submit a copy of the EEOC's final determination within 30 days after service of the final determination by the EEOC on the complainant in order to preserve the complainant's rights under the Act; and

 

5)         The time period to investigate the charge contained in Section 7A-102(G) is tolled from the date on which the charge is filed with the EEOC until the EEOC issues its final determination.

 

d)         If the complainant fails to submit a copy of the EEOC's final determination to the Department within 30 days after receipt of the EEOC's final determination, the Department may dismiss the charge for lack of jurisdiction.  The complainant may request to have the Illinois Human Rights Commission review the Department's determination that it lacks jurisdiction over the charge by filing a Request for Review with the Illinois Human Rights Commission within 90 days after receipt of the Department's Notice of Dismissal in accordance with Section 8-103 of the Act.

 

e)         If the Department does not receive notification from the EEOC that a charge has been filed until after the EEOC has already issued its final determination, the complainant shall have 30 days from receipt of the Department's notice to submit a copy of the EEOC's final determination to the Department.

 

f)         If the EEOC finds reasonable cause for a violation, the EEOC's final determination is the issuance of a Notice of Right to Sue after conciliation has failed.  The EEOC's finding of cause is not a final determination and the Department will not take any action until the EEOC's conciliation process is complete, which occurs when the EEOC either files its complaint or when it issues to the complainant a Notice of Right to Sue after conciliation has failed.  The complainant has 30 days from receipt to submit a copy of the EEOC's Notice of Right to Sue to the Department.

 

g)         If the complainant first files a charge with the EEOC and then files a charge containing the same or similar allegations with the Department, the Department may administratively close the charge filed with the Department as a duplicate charge.  The Department shall process the EEOC-filed charge pursuant to Section 7A-102(A-1) of the Act.

 

h)         If the complainant first files a charge with the Department and then files a charge containing the same or similar allegations with the EEOC, and the EEOC charge is dual filed with the Department pursuant to Section 7A-102(A-1) of the Act, the Department may administratively close the dual filed charge with the EEOC as a duplicate charge.  The Department shall process the Department charge pursuant to Section 7A-102(B) through (G).

 

i)          If the complainant timely notifies the Department of the EEOC's determination and concurrently requests that the Department review the EEOC's determination, the Department will serve a copy of the charge on the respondent and review the EEOC's determination pursuant to Section 7A-102(A-1)(3)(b) without further notice to the parties.

 

j)          If the complainant timely notifies the Department of the EEOC determination that it is unable to establish that unlawful discrimination has occured and concurrently submits a written request for the Department to adopt the EEOC's determination, the Department may adopt the EEOC's determination as a dismissal for lack of substantial evidence pursuant to Section 7A-102(A-1)(3)(a) of the Act without further notice to the parties. 

 

k)         The Department will adopt the EEOC's determination after the complainant has requested the Department review the EEOC's determination if the complainant notifies the Department in writing, and within a reasonable period of time after requesting the Department to review the EEOC determination, that the complainant desires to withdraw the previous request and have the Department adopt the EEOC's finding.

 

l)          As part of any further investigation pursuant to Section 7A-102(A-1)(3)(b) of the Act, the Department will not require:

 

1)         The respondent to file a verified response to Complainant's charge pursuant to Section 7A-102(B) of the Act or Section 2520.405 of this Part; or



2)         The parties to attend a fact finding conference pursuant to Section 7A-102(C)(4) of the Act or Section 2520.440 of this Part.

 

m)        The 365-day time period to investigate the charge pursuant to Section 7A-102(G) of the Act shall be tolled from the date the charge is filed with the EEOC until the date the EEOC issues its final determination.   The Department will consider the EEOC final determination issued on the date set forth in the EEOC's final determination. 

 

n)         Complainants may withdraw the charge with the Department prior to the EEOC issuing a final determination by submitting a withdrawal form identifying the parties' names and the Department's control number.  Upon receiving a properly submitted withdrawal form, the Department shall administratively close the charge pursuant to Section 2520.550.

 

(Source:  Added at 38 Ill. Reg. 9481, effective April 21, 2014)

SUBPART D: SETTLEMENTS

 

Section 2520.510   Settlement

 

a)         Settlement Enforceable by Commission.  If the parties seek to have a settlement enforced by the Commission, the terms of settlement must first be approved by the Director.  If the proposed terms are unambiguously drawn, not inconsistent with the Act, and knowingly and voluntarily entered into, the Director shall approve them and file them with the Commission.  The Department may require any part to such terms to submit proof of compliance.

 

b)         Private Settlement.  The parties may choose to enter into a private settlement and not submit it to the Director for approval or to the Commission for enforcement.  The Department will continue to process the charge unless it is withdrawn pursuant to Section 2520.380 of this Part.

 

c)         Non-Disclosure.  No stenographic or other formal record shall be made of settlement efforts.

 

d)         Non-Compliance.

 

1)         The Department may conduct an investigation to determine compliance with settlement terms if proof of compliance is not provided or if a party makes a written allegation of a violation.

 

2)         If the Department concludes that substantial evidence of a violation is lacking, it shall so notify the parties in writing.

 

3)         If the Department determines that there is substantial evidence of a violation, the Department shall file with the Commission a notice of violation, with service on all parties.  The notice shall set forth the nature of the violation and shall request that the Commission:

 

A)        authorize the Department to seek judicial enforcement of its order pursuant to Section 8-111(B) of the Act [775 ILCS 8-111(B)]; or

 

B)        remand the matter to an Administrative Law Judge for public hearing on the alleged violation.

 

(Source:  Amended at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.520  Non-Disclosure (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.530  Dismissal for Refusal to Accept Settlement Offer (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.540  Non-Compliance with Settlement Terms (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)

SUBPART E: ADMINISTRATIVE CLOSURE, DISMISSAL AND DEFAULT

 

Section 2520.550  Administrative Closure

 

a)         When a complainant opts out of the Department's investigation, the Department will administratively close the charge pursuant to Section 7A-102(C-1) of the Act.

 

b)         When the Department administratively closes a charge pursuant to subsection (a) or pursuant to Section 2520.380, it shall promptly notify all parties in writing.

 

c)         The Department may vacate an administrative closure pursuant to Section 2520.380 only if the statutory 365-day time period plus extensions, if any, has not expired pursuant to Section 7A-102(G)(1) of the Act.

 

(Source:  Amended at 44 Ill. Reg. 19864, effective December 14, 2020)

 

Section 2520.560  Dismissal

 

a)         The Department shall serve upon the parties a written notice of dismissal of all or part of a charge.  The notice will state the grounds for dismissal and that the complainant may obtain review by the Commission by filing a request for review.

 

b)         The dismissal may be based upon:

 

1)         lack of substantial evidence of discrimination or lack of jurisdiction. An investigation report discussing the reasons for the dismissal will accompany the notice of dismissal;

 

2)         complainant's failure to proceed, as provided in Section 2520.430(c).  The notice of dismissal in these cases will specify the manner in which the complainant has failed to proceed and will be addressed to the complainant at the last known address;

 

3)         complainant's failure to accept a settlement offer, pursuant to Section 7A‑103(D) of the Act.  The notice in these cases will specify the reasons for the Department's dismissal; or

 

4)         the filing of litigation in federal and State court (see Section 7-109.1 of the Act).

 

(Source:  Amended at 44 Ill. Reg. 19864, effective December 14, 2020)

 

Section 2520.570  Default

 

Prior to the entry of a default against a respondent pursuant to Section 7A-102(B), 7A-102(C), 7B-102(B) or 7B-102(C) of the Act and Section 2520.440(d) of this Part, the Department will afford that party written notice and a period of at least 15 days to show good cause in writing why default may not be appropriate. A Notice of Default shall be construed as a "report" pursuant to Section 7A-102(G) of the Act.  For charges filed on or after January 1, 2008, if the Department issues a Notice of Default, the Department will notify the respondent that the respondent has 30 days from service of the Notice of Default to file a Request for Review with the Human Rights Commission.

 

(Source:  Amended at 36 Ill. Reg. 8699, effective June 1, 2012)

SUBPART F: REQUESTS FOR REVIEW

 

Section 2520.573  Filing with Chief Legal Counsel

 

For charges filed on or after January 1, 1996 and before January 1, 2008:

 

a)         A Complainant may request review by the Chief Legal Counsel of a determination by the Director to dismiss one or more allegations of a charge for:

 

1)         lack of substantial evidence;

 

2)         lack of jurisdiction;

 

3)         failure of a Complainant to proceed; or

 

4)         failure of a Complainant to accept a settlement offer.

 

b)        A Respondent may request review by the Chief Legal Counsel of a decision by the Director to issue a notice of default.

 

c)         Any request for review must be filed with the Chief Legal Counsel at the Department's Chicago office within 30 days after receipt of the Department's notice of the decision.  The Department's Electronic Filing Project (see Section 2520.40(b)) shall not apply to this Section.

 

d)        Neither the parties nor the Department may communicate directly or indirectly with the Chief Legal Counsel or staff attorney assigned to a request for review in connection with any issue, except in writing with copies to all parties and the Department.

 

e)        If resources permit, the Chief Legal Counsel shall not assign a request for review to the staff attorney who has conducted the substantial evidence review. The Chief Legal Counsel shall have sole discretion over assignment of requests for review.

 

f)         Proceedings on requests for review shall toll the time limitation established in Section 7A-102(G)(1) or Section 7B-102(G) of the Act from the date on which the Director's notice of dismissal or default is issued to the date on which the order of the Chief Legal Counsel of the Department is entered.

 

(Source:  Amended at 41 Ill. Reg. 11560, effective August 29, 2017)

 

Section 2520.575  Contents of Request for Review (Repealed)

 

(Source:  Repealed at 42 Ill. Reg. 17235, effective September 17, 2018)

 

Section 2520.577  Notice by the Chief Legal Counsel (Repealed)

 

(Source:  Repealed at 42 Ill. Reg. 17235, effective September 17, 2018)

 

Section 2520.580  Extensions of Time (Repealed)

 

(Source:  Repealed at 42 Ill. Reg. 17235, effective September 17, 2018)

 

Section 2520.583  Reply to Request for Review and Surreply (Repealed)

 

(Source:  Repealed at 42 Ill. Reg. 17235, effective September 17, 2018)

 

Section 2520.585  Additional Investigation

 

a)         If the Chief Legal Counsel requests additional investigation pursuant to Section 7-101.1(B) of the Act, all parties and the Department shall be:

 

1)         informed of the request in writing;

 

2)         informed of the results of the additional investigation and provided copies of any documents submitted in response to the additional investigation; and

 

3)         given 14 days to file a supplemental request for review, reply and surreply to address the results of the additional investigation.

 

b)         If the additional investigation affects the findings of the Chief Legal Counsel, the pertinent parts of the investigation shall be included in the order entered pursuant to Section 2520.587 of this Part.

 

c)         Before assigning a request for review to a staff attorney for additional investigation or any other work, the Chief Legal Counsel will consider whether the staff attorney has conducted a substantial evidence review of that charge.

 

(Source:  Amended at 26 Ill. Reg. 17217, effective November 18, 2002)

 

Section 2520.587  Decision

 

If, after a de novo review of the Director's decision to dismiss a charge or issue a Notice of Default, the Chief Legal Counsel determines that the Director's decision should be sustained, he/she shall enter an order stating the findings and reasons for that determination.  Otherwise, the Chief Legal Counsel shall order that the dismissal or default be vacated and either the charge be returned to the Charge Processing Division of the Department for additional investigation or a substantial evidence finding be entered.  The Chief Legal Counsel shall cause the order to be served on the Director and all parties to the charge and to be timely published on the Department's website.  The order shall remain on the Department's website for a period of two years from the date the order is entered.  The order shall be removed from the website and maintained in hard copy at the Department's office in Chicago, Illinois for an additional two years.  After the expiration of the two-year period, the Department shall send the order to the Illinois State Archives and it will be available for public inspection for an additional five years.  In the case of a default that is sustained, a copy of the order shall also be served on the Human Rights Commission, so that it may conduct further proceedings pursuant to Section 7-101.1(C) of the Act.

 

(Source:  Amended at 32 Ill. Reg. 13482, effective August 1, 2008)

SUBPART G: RELATIONS WITH LOCAL HUMAN RIGHTS AGENCIES

 

Section 2520.610  Scope and Purpose (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.620  Definitions (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.630  Cooperative Agreements

 

Subject to the following requirements, the Department may enter into a written agreement with a local agency to jointly process or transfer from one to the other for processing allegations of unlawful discrimination.

 

a)         Application by local agency

 

1)         A local agency which desires to enter into a cooperative agreement with the Department may apply in writing to the Director at the Department's Chicago office.  The application shall consist of at least the following items:

 

A)        A copy of the ordinance(s) under which the local agency is established and which it administers;

 

B)        A copy of any regulations or other written policies and procedures governing the local agency's operations;

 

C)        A narrative statement signed by the agency's chair or chief executive officer describing:

 

i)          its total budget and available resources;

 

ii)         the size of its staff, both full/and part-time;

 

iii)        its current or annual caseload of discrimination complaints; and

 

iv)        the nature and duration of the cooperative arrangement it seeks with the Department.

 

2)         The application shall also be supported by evidence that it is approved by the governing authorities of the political subdivision(s) of which the local agency is a part.

 

b)         Review by Department – The Department shall examine the local agency's application and supporting materials, and may request further information bearing upon the agency's authority, organization, and operational capacity.  Representatives of the Department may visit the locality to gather further information and/or discuss the application in greater detail.

 

c)         Approval by Director – After the Department has reviewed the local agency's application and gathered any further information pertinent to its inquiry, the Director shall determine whether a cooperative agreement is feasible and in the best interests of the Department and the public.  The Director shall advise the local agency in writing as to that determination and, if it is in the affirmative, shall forward to the agency a proposed cooperative agreement.  In making this determination, the Director will consider, without limitation, such factors as the extent of the local agency's lawful authority; its experience and administrative capabilities; the number and types of charges filed in its area; and the competing demands upon the Department's available resources.

 

d)         Execution of Agreement – After the Department and a local agency have agreed upon the terms of a cooperative agreement, the terms shall be reduced to writing and executed by the Director and by the chair and/or chief executive officer of the local agency.  The agreement may also be executed by an appropriate official on behalf of the governing authority of the municipality or political subdivision(s) of which the local agency is a part.  The agreement shall take effect upon a date specified in the agreement.

 

e)         Term of Agreement – A cooperative agreement duly executed by and between the Department and a local agency shall remain in effect for a term specified in the agreement itself, but may be terminated by either party without penalty at any time upon written notice to the other.

 

(Source:  Amended at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.640  Nature of Cooperative Agreements

 

A cooperative agreement executed by and between the Department and a local agency may provide for any of the following arrangements, separately or in combination:

 

a)         Dual-filing of local charges – The local agency may transfer to the Department a charge that it has docketed and over which the Department has jurisdiction.  The charges shall be accepted by the Department and docketed as Department charges if received by the Department within 180 days following the alleged discrimination and if they meet the requirements of the Act and the Department's rules.  Upon acceptance of a charge, the Department will notify the local agency of the docket number it has assigned to the charge. 

 

b)         Referral of Department charges – The Department may refer to the local agency charges that the Department has received that allege violations also within the jurisdiction of the local agency.  The local agency shall promptly notify the Department whether it has accepted the referred charge and, if so, the docket number it has assigned to the charge.  If a local agency accepts a charge, the Department shall defer processing the charge until the local agency completes its investigation and issues findings as to the charge.  A local agency's notarization ("perfection") of the charge for purposes of the local agency's investigation shall not equate to "perfection" for the Department.  Upon receiving the local agency's findings, the Department shall provide the complainant the opportunity to perfect the charge and to have the Department investigate the complainant's charge.  If within 35 days after receiving notice that the complainant may perfect the charge with the Department, the complainant does not notify the Department of the complainant's election to perfect the charge with the Department, the Department may close the complainant's unperfected charge.  If the complainant elects to perfect the charge with the Department, at its discretion the Department may adopt the findings of the local agency.

 

c)         Transfer of non-jurisdictional charges – The Department and the local agency may agree to transfer, from one to the other, any charges either may receive that are not within the recipient's jurisdiction but may be within the other's jurisdiction. The agreement shall provide that the transferee will accept and docket a charge if it meets its lawful requirements for a charge and if the transfer is received within its lawful time requirement for the filing of a charge.  The transferee will further agree to promptly notify the transferor whether it has accepted and docketed the charge and, if so, the assigned docket number.

 

(Source:  Amended at 33 Ill. Reg. 11311, effective July 20, 2009)

 

Section 2520.650  Training and Technical Assistance

 

Under the terms of any cooperative agreement under Section 2520.630 of this Part, or upon written application by a local agency to the Director, the Department may provide training and/or technical assistance to a local agency in the procedures and techniques utilized by the Department in receiving, investigating and attempting to resolve charges of unlawful discrimination.  In determining whether to provide such training upon application, the Department will consider the expertise already possessed by the local agency, the number and types of charges filed in its area, and the competing demands upon the Department's resources.   The Department's approval of a cooperative agreement incorporating provisions as set forth in Section 2520.640(a) and (b) of this Part, or the effective date of such an agreement, may be conditioned upon the successful completion by the local agency's appropriate staff of such training.

 

(Source:  Amended at 18 Ill. Reg. 16829, effective November 4, 1994)

 

Section 2520.660  Promotion of Communication and Goodwill

 

The Department and a local agency may agree at any time to jointly sponsor or conduct conferences, seminars, public hearings or the like or engage in other endeavors, and to publish the results thereof, which are designed to gather or disseminate information or to foster improved human relations, understanding and the achievement of equal opportunity and interfaith and interracial harmony.

 

(Source:  Added at 6 Ill. Reg. 2125, effective February 8, 1982)

SUBPART H: EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION BY STATE EXECUTIVE AGENCIES

 

Section 2520.700  Definitions

 

For purposes of this Subpart, the following terms shall have the meanings indicated:

 

            Affirmative Action Group – any of the groups listed in Section 2520.720 or 2520.730.

 

            Agency – any instrumentality or facility of the executive branch of State government, as specified in Section 2520.710.

 

            Central Management Services or CMS – the Department of Central Management Services or any successor agency responsible for its functions.

 

            Chief Executive Officer – the director or other chief executive or administrator of any agency other than the Department.

           

            Disability – as used in Section 2-105(B) of the Act and this Subpart, long-lasting impairment of physical, mental, hearing, cognition, ambulation, self care, independent living or other functions.

 

            EEO – Equal Employment Opportunity.

 

            EEO/AA – Equal Employment Opportunity/Affirmative Action.

 

            EEO Job Categories – the following 8 categories:  officials/managers; professionals; paraprofessionals; technicians; office/clerical workers; protective services workers; skilled craft workers; and service/maintenance workers.

 

            EEO Officer – the Equal Employment Opportunity Officer, whether full or part-time, appointed by a State agency pursuant to Section 2-105(B)(4) of the Act and Section 2520.780 of this Part.

 

            Layoff – the placement of an employee in non-paid and non-working status without prejudice, either temporarily or for an indeterminate length of time.  Layoff does not include, either temporarily or indeterminately, a means or form of discipline.

 

            Minority – those groups, or members of a group, listed in Section 2520.720 or 2520.730, other than women and disabled persons.

 

            Numerical Goals – the number of members of an affirmative action group that have been determined to be available to an agency for employment in each of the EEO job categories.

 

            Petitioning Group – a chartered not-for-profit organization that is recognized by the community it purports to represent that has as its purpose fostering the interests and well being of that community.

 

            Plan – an affirmative action plan for employment as described in Section 2520.760.

 

            Program Goals – a set of actions established to address affirmative action or EEO problems cited in the agency's plan.

 

Promotable – agency employees who, within the fiscal year, under standard employment practices, are able to move from one of the EEO job categories to another.

 

            Reasonable Accommodation – as it relates to disabled employees and applicants, modification of the work site, work process and/or work schedule to enable a disabled person to perform the major functions of a specific job; however, such an accommodation cannot impose an undue hardship on the conduct of the business of the employer or labor organization.

 

            Region – a group of adjacent counties.  There are 11 regions within Illinois, which will be reduced to 10 regions as identified in Appendix D, effective July 1, 2015.

 

Trainable – agency employees who, within the fiscal year, are eligible for participation in established training programs that, when completed, would allow them to move from one of the EEO job categories to another.

 

Transferable – agency employees eligible for transfer within the fiscal year from one region to another.

 

            Underutilized Category – a category in which the number of employed members of an affirmative action group for which numerical goals have been set does not reflect the availability of that group in the agency workforce in that EEO job category.

 

(Source:  Amended at 38 Ill. Reg. 9481, effective April 21, 2014)

 

Section 2520.710  Scope and Purpose

 

This Subpart implements the affirmative action provisions of the Act, which apply to every State executive department, State agency, board, commission and instrumentality [775 ILCS 5/2-105(B) and 7-105].   Agencies of the legislative and judicial branches and local government entities and State colleges and universities are excluded.  This Subpart interprets the responsibilities imposed on covered agencies to practice EEO and affirmative action in employment.  This Subpart also describes the methods by which the Department will monitor and assist agencies in complying with those obligations.

 

(Source:  Amended at 38 Ill. Reg. 9481, effective April 21, 2014)

 

Section 2520.720  Affirmative Action Groups

 

Section 2-105(B) of the Act requires agencies to keep records, analyze their workforces, and establish numerical and program goals for employment by race, national origin, sex and disability, and any other category which the Department may require by rule [775 ILCS 5/2-105(B)]. State agency affirmative action efforts should focus upon the following groups: Blacks and African Americans, women, Hispanics and Latinos, American Indians and Alaskan Natives, Asians, Native Hawaiians and Other Pacific Islanders, and disabled persons.   The Department will apply the criteria of Section 2520.730 to identify other groups to be added to this list.

 

(Source:  Amended at 38 Ill. Reg. 9481, effective April 21, 2014)

 

Section 2520.730  Consideration of Additional Groups

 

a)         Criteria – In order for an affirmative action group to be recognized, a petitioning group must present to the Director the following criteria:

 

1)         the relationship between the proportion of an affirmative action group in the State population and the proportion of the affirmative action group in State employees, and whether that proportion is less than 4/5 of the availability of that group in each of the 8 EEO categories;

 

2)         other authoritative statistical evidence, surveys and studies reflective of the discrimination experienced by the group, particularly, but not exclusively, as they relate to experience in Illinois;

 

3)         the frequency with which charges alleging the discrimination, as compared to discrimination against other minorities, have been filed with the Department, its predecessors and other federal and local entities that investigate employment discrimination charges;

 

4)         whether employment discrimination is longstanding against the group in question and is without an adequate legal remedy that is under State law; and

 

5)         evidence of a continuing cycle of discrimination that, without affirmative action, will continue.

 

b)         Consideration Process – If the Director determines that the criteria in subsection (a) have been met and that a petitioning group has submitted a petition as specified in 2 Ill. Adm. Code 925.110 of the Department's Rules:

 

1)         A Notice of Proposed Rulemaking will be published by the Department in the Illinois Register, and the Department will commence rulemaking within 90 days after submission of a petition.

 

2)         The Department shall convene a hearing, if required, in accordance with Section 5-40(b)(5) of the Illinois Administrative Procedure Act [5 ILCS 100/5-40(b)(5)].

 

3)         If the rulemaking results in the addition of an affirmative action group, each agency shall develop numerical and program goals for that group.

 

(Source:  Amended at 38 Ill. Reg. 9481, effective April 21, 2014)

 

Section 2520.740  Definitions (Renumbered)

 

(Source:  Section 2520.740 renumbered to 2520.700 at 17 Ill. Reg. 15556, effective September 13, 1993)

 

Section 2520.750  Nondiscrimination (Repealed)

 

(Source:  Repealed at 17 Ill. Reg. 15556, effective September 13, 1993)

 

Section 2520.760  Plans

 

a)         Adoption and Maintenance – Every agency shall develop and adopt a plan conforming to the requirements of this Section, and shall review and update the plan at the beginning of each State fiscal year.

 

b)         Filing and Approval – By September 1 of each year, every agency shall file with the Department a complete copy of its plan, including any amendments or additions made for that year.  If an agency submits a written request for an extension before September 1, the Director may grant an extension of up to 30 days.  The request for an extension should state the reason for the extension.  The Department will review each agency's plan to determine if it complies with the requirements of this Section.  The Department may confer with representatives of the agency and request further information to make this determination. The agency may make revisions to its plan as suggested by the Department to achieve compliance.   Within 45 days after receipt of the plan, the Director shall provide to the agency's Chief Executive Officer either a statement indicating that the plan satisfies the requirements of this Section or a statement specifying any deficiencies and the measures necessary to achieve compliance.  If, within 30 days thereafter, the agency fails to correct any deficiencies noted by the Director, the Director shall invoke the sanctions provided in Section 2520.797 for agency noncompliance.

 

c)         Modifications –  After an agency's plan has been approved by the Director, an agency may modify its plan by filing, with the Department, a copy of the proposed modifications together with a written statement outlining the modifications and the reasons for the modification.  The modifications shall be reviewed by the Department and approved or disapproved in the same manner as provided in subsection (b).

 

d)         Contents – Every agency's plan shall include the items specified, and be organized as indicated, in Appendix A.

 

e)         Guidelines and Assistance – The Department may promulgate and distribute to agencies manuals and guidelines for the preparation of plans. Agencies may also obtain technical assistance by accessing the Department's website at http://www2.illinois.gov/dhr/pages/liaison.aspx.

 

f)         Public Disclosure – Upon request, a State agency shall make available for public inspection during normal business hours a copy of its current plan.

 

(Source:  Amended at 36 Ill. Reg. 8699, effective June 1, 2012)

 

Section 2520.770  Reporting and Record-Keeping

 

a)         Workforce Analysis – As required by Section 2-105(B) of the Act, each agency shall maintain data reflecting the composition of its workforce in each region, by race, national origin as specified by the Department, sex and disability, EEO job categories, and any other category that the Department may require by rule. This information shall be collected from the agency's employees through the use of a form, developed by Central Management Services and approved by the Director, which shall be completed by each employee and applicant for employment at his/her option.  Central Management Services shall compile this data and furnish quarterly reports to each agency and the Department depicting the workforce composition of each agency under the Personnel Code [20 ILCS 415]. Other agencies, and agencies under the Code having non-Code employees, shall compile this data themselves and provide it to the Department.

 

b)         Position Vacancies – Each agency shall maintain a centralized record detailing all its current and anticipated job openings, and indicating for each opening the job title, EEO job category, pay grade or merit compensation level, and region.  This information shall be supplied to the agency's EEO Officer and to the Department upon request.  Every agency shall also post conspicuously in its offices all vacancies in nonexempt positions that the agency intends to fill, if the vacant position is underutilized.  The posting shall also state that the agency is an Equal Opportunity Employer.

 

c)         Quarterly Reports – No later than 15 working days after  the end of each fiscal quarter, every agency shall file a report with the Department.  If an agency submits a written request for an extension within 15 working days after the end of the fiscal quarter, the Director may grant an extension of up to 15 days.  The report, forwarded with a cover letter signed by the EEO Officer and Chief Executive Officer, shall contain:

 

1)         A current workforce analysis of each of the agency's departments or divisions by EEO job category and affirmative action groups of the incumbents.

 

2)         A breakdown of all employment transactions for the previous quarter by EEO job category and the affirmative action groups of the employees affected.

 

3)         A statement on the agency's progress in meeting its numerical and/or program goals.  If a numerical or program goal is not attained, the agency should provide an explanation for the failure to meet the goal.

 

4)         A narrative describing all charges and complaints of employment discrimination filed or pending against the agency during the previous quarter.  The narrative should identify the region out of which the charge or complaint was filed; the organization with whom it was filed; and the current status of the matter, including whether pending, withdrawn, settled or dismissed.

 

5)         A quarterly report describing hires of employees with disabilities and any known changes in employees' disability status.

 

d)         Federal Compliance Reports – Any agency that is the subject of an EEO compliance review by the federal government shall forward to the Department a copy of any and all reports within 5 working days after the agency's receipt of the report.

 

e)         Orders and Settlements – Any agency that is a party to any proceedings, whether judicial or administrative, and whether federal or State, involving allegations of employment discrimination shall forward to the Department a copy of any order, decree, settlement agreement or award that decides or disposes of the proceedings within 15 days after the entry of the order, decree, settlement agreement or award.

 

f)         Layoff Reports – Each agency shall prepare a layoff report outlining any intended layoff of incumbent employees, in accordance with the procedures established in Appendix C.  The report shall be submitted to the agency's EEO Officer and the Department not less than 30 days prior to the expected date of the layoff, unless emergency conditions necessitate a delay of the report; however, the emergency conditions must be documented in the report.  The report shall identify, by region, job title and affirmative action group, the employees to be affected by the layoff.  The agency's EEO Officer shall review the report to determine if the layoff will have an adverse impact upon minorities, women or disabled persons. The EEO Officer shall submit a written adverse impact report to the Chief Executive Officer and to the Director of his/her findings and, if adverse impact is found, suggested alternatives to lessen or eliminate the impact.  The Director of Central Management Services will not approve a layoff until the Director has indicated that the adverse impact report is correct.

 

g)         Reorganization Reports – Any proposed workforce reorganization that significantly changes lines of authority, wages or job duties and descriptions on an agency-wide basis, or throughout any bureau, division or unit of the agency, must be described in a reorganization report and submitted to the agency's EEO Officer at least 30 days prior to implementation.  The agency's EEO Officer shall review the report to determine whether it will have an adverse impact upon minorities, women or disabled persons, and shall submit an adverse impact report, within 15 days after receipt of the reorganization report, to the agency's Chief Executive Officer and the Department.  If the EEO Officer determines that an adverse impact is apparent, he/she shall include in the adverse impact report recommendations to lessen the impact.

 

h)         Hiring and Promotion Monitors – The Hiring Monitor (DHR-19) and the Promotion Monitor (DHR-20) established by the Department shall be completed by each agency and submitted as required to Central Management Services on all hires and promotions for all full-time permanent and part-time permanent employees, including trainees, provisional employees, and semi-automatic promotions pursuant to a collective bargaining agreement.   On the applicable Monitor, the agency shall indicate the EEO job category and classifications of the position and whether it is an underutilized category.  The Monitor shall also indicate the race, sex, whether disabled, and national origin of all persons considered for the position and of the candidate, and whether the candidate meets the affirmative action requirements for that category.  If the candidate does not meet the affirmative action requirements for that category, a detailed explanation indicating the reasons for the selection must be completed by the selecting officer and attached to the Monitor.  The agency EEO Officer, or designee, shall have access to the eligibility list and other pertinent documents, including, but not limited to, Rutan documentation.  The EEO Officer or designee shall review and sign the Monitor, indicating concurrence or non-concurrence in the transaction. The EEO Officer or designee shall fully explain on the Monitor his/her reason for any non-concurrence.  In all transactions, the agency Chief Executive Officer or designee shall sign and date the Monitor, indicating approval.  Central Management Services shall not complete any hire or promotion transaction if the Monitor is not attached to the transaction, is not signed and dated by the EEO Officer or designee, is not approved and signed by the agency's Chief Executive Officer or designee, and is not signed and dated prior to the effective date of the candidate's hire or promotion.

 

i)          Exit Questionnaire – Each agency shall provide an exit questionnaire to employees at the time of their separation from employment, whether voluntary or involuntary.  The questionnaire shall identify the employee by name and affirmative action group, job title and region, date of separation, and reasons for separation, and shall include space for the employee's comments. Completion of the questionnaire shall be at the employee's option. Completed questionnaires shall be forwarded immediately to the agency's EEO Officer.

 

(Source:  Amended at 36 Ill. Reg. 8699, effective June 1, 2012)

 

Section 2520.780  Equal Employment Opportunity Officers

 

a)         Agencies with 1,000 or More Employees

 

1)         Every agency employing 1,000 or more individuals or administratively separate subdivisions of agencies with 1,000 or more individuals shall appoint a full-time EEO Officer, subject to the approval of the Department.

 

2)         The EEO Officer shall report directly to the agency's Chief Executive Officer and shall be on the Chief Executive Officer's administrative staff.

 

3)         When a vacancy occurs in the position of EEO Officer, the agency's Chief Executive Officer shall immediately so notify the Director, identifying the agency employee who shall serve as interim EEO Officer.

 

A)        Within 30 days of the occurrence of such vacancy or the expiration of any extension, the Chief Executive Officer shall nominate an individual to fill the vacancy and submit his/her resume and other relevant materials to the Director for approval.

 

B)        Within 15 days of receiving a nomination, the Director shall notify the Chief Executive Officer in writing whether the nominee is approved.

 

C)        The Director of Central Management Services or his/her designee shall not complete any personnel transaction regarding the appointment of any agency EEO Officer without written evidence of the approval of that appointment by the Director.

 

D)        If not approved, the Director and the Chief Executive Officer may confer to discuss or reevaluate the appointment, and the Chief Executive Officer shall submit another nomination to fill the vacancy.

 

E)        If the Director determines that an agency has not made a concerted effort to fill the position, the Director shall invoke the sanctions for noncompliance provided in Section 2520.797 of this Part.

 

b)         Agencies with Fewer Than 1,000 Employees – Every agency employing fewer than 1,000 individuals shall designate an EEO Officer who may serve as a full-time EEO Officer or be responsible for other duties within the agency beyond those of EEO Officer.   When a vacancy occurs in such position, the Chief Executive Officer shall immediately so notify the Director, and identify the employee who shall assume the duties of EEO Officer on an interim or permanent basis.

 

c)         Responsibilities of EEO Officers – EEO Officers shall have the following responsibilities, in addition to those enumerated in the Act or elsewhere in this Subpart:

 

1)         to develop the agency's plan and goals and objectives;

 

2)         to assist in identifying and solving EEO problems;

 

3)         to design and implement internal audits and reporting systems for measuring the effectiveness of agency programs, indicating need for remedial action, and determining the degree to which the agency's goals and objectives have been attained;

 

4)         to serve as liaison between the agency and EEO enforcement authorities;

 

5)         to serve as liaison between the agency and minority, women's and disability organizations;

 

6)         to inform management of developments in the EEO field;

 

7)         to regularly confer with managers, supervisors and employees to assure that the agency's EEO policies are observed;

 

8)         to assist in the evaluation of employees and job applicants so that minorities, women and disabled persons are given equal opportunity;

 

9)         to advise managers and supervisors if employment practices comply with the Act;

 

10)         to describe in the quarterly report to the Department all internal and external complaints of discrimination against the agency;

 

11)         to assist in the investigation of internal and external complaints of discrimination as specified in Section 2520.790 of this Part;

 

12)         at the request of the agency's Chief Executive Officer, to direct agency staff in taking appropriate action to correct for discriminatory practices identified by the Department, and to report to the Chief Executive Officer and the Department on the progress of actions taken;

 

13)         in conjunction with the filing of Quarterly Reports, to submit recommendations to the Chief Executive Officer and the Department for improvements to the agency's plan;

 

14)         to immediately notify the Chief Executive Officer and the Department when unable to resolve employment practices or conditions which have or tend to have adverse impact on minorities, women or the disabled persons;

 

15)         if the agency is in noncompliance, as described in Section 2520.795, to work with Central Management Services to develop programs to train staff in hiring and promotional practices, and to notify the Department of such training.

 

d)         Protection – An EEO Officer who performs his/her duties as prescribed in the Act and this Part shall not be coerced, intimidated or retaliated against by the agency or any official, employee or agent thereof as a result of such performance.  An EEO Officer who believes that he/she has been or is being so coerced, intimidated or retaliated against, or in any other way impeded from the performance of official duties, may immediately file a charge with the Department.  Nothing provided herein shall preclude an agency from disciplining an EEO Officer for just cause.

 

(Source:  Amended at 17 Ill. Reg. 15556, effective September 13, 1993)

 

Section 2520.790  Complaint Process

 

a)         Internal Complaints – When any agency employee complains of employment discrimination against the agency through a grievance under the Personnel Code, a collective bargaining agreement or an internal agency grievance mechanism, the agency's EEO Officer shall be notified of the grievance not later than at the time it reaches the level of the agency's Chief Executive Officer.  The EEO Officer shall attend the grievance hearing at that level either as the hearing officer or as a consultant to the hearing officer.  If serving as a consultant to the hearing officer, the EEO Officer shall provide a written recommendation to the hearing officer regarding the disposition of the grievance within the timeframe applicable under the grievance mechanism, and the hearing officer shall consider the recommendation in determining the merits of the grievance.

 

b)         External Complaints – When a charge or complaint alleging employment discrimination against an agency is filed with the Department, the U.S. Equal Employment Opportunity Commission or any other government agency, the agency shall provide a copy of the charge or complaint to the agency's EEO Officer immediately upon being served.  The EEO Officer shall then promptly conduct a preliminary investigation, and make a recommendation to the agency's Chief Executive Officer concerning resolution of the complaint.  The EEO Officer shall also participate in any conferences or hearings convened by the enforcement agency with which the charge or complaint is filed, and make recommendations to the agency's Chief Executive Officer or designee for disposition of the matter.

 

(Source:  Amended at 17 Ill. Reg. 15556, effective September 13, 1993)

 

Section 2520.795  EEO/AA Performance Reviews

 

The Department shall conduct periodic performance reviews of all agencies.  On a quarterly basis, the EEO/AA reports submitted by agencies will be reviewed and the results of the review shall be shared with the agency in question, indicating whether corrective action is needed.  On an annual basis, the Department shall determine whether each agency is in compliance with the EEO and affirmative action obligations of the Act and this Subpart.  In the course of such a review, the Department may request documentation and reports reflecting the agency's employment practices and profile and may visit the agency's worksites and interview employees.

 

a)         EEO/AA Criteria – The Department shall judge the agency's concerted effort and progress to provide equal employment opportunity and affirmative action for minorities, women and disabled persons, using the following criteria:

 

1)         existence of an approved plan;

 

2)         demonstration of the implementation of the agency's goals within the timeframe cited in the agency's plan.  In order to be found in compliance with numerical goals, the agency must show that its percentage of hires and promotions for minorities and females in underutilized categories equals or exceeds 80% of the labor market availability rate of minorities and females in question based on Illinois Department of Employment Security Workforce Availability Information at http://www.ides.illinois.

gov/page.aspx?item=2854

 or that the agency has made a concerted effort to reach those goals.  In determining whether an agency made a concerted effort, the Department will evaluate the agency's overall actions taken over the course of the fiscal year to reduce its underutilization when there have been opportunities to hire and/or promote in underutilized categories.  When agency underutilization occurs in a geographic region with labor market availability rates less than 2 percent for a specific affirmative action group, the Department will consider the availability of this group in evaluating an agency's performance. Compliance with program goals will be determined by an agency's documentation that those goals have either been achieved or a demonstration of a concerted effort to achieve those goals;

 

3)         demonstration that the agency's EEO/AA policy has been disseminated throughout the agency;

 

4)         documentation of the inclusion of EEO/AA principles and procedures in appropriate in-service training programs;

 

5)         documentation of the inclusion of the agency's EEO Officer in the investigation and disposition of all internal and external discrimination grievances and complaints;

 

6)         maintenance and timely submission of appropriate employment data and reports as required in this Subpart and by federal authorities;

 

7)         in an agency with 1,000 or more employees, documentation of the appointment, with the Director's approval, of an EEO Officer;

 

8)         in an agency with fewer than 1,000 employees, documentation of the designation of an EEO Officer who may serve as a full-time EEO Officer or be responsible for other duties within the agency beyond those of an EEO Officer; and

 

9)        documentation that the agency's EEO Officer has performed the duties and responsibilities outlined in the Act and this Subpart.

 

b)         EEO/AA Profile – The Department shall complete an annual EEO/AA profile summarizing the agency's satisfaction of the various EEO/AA criteria outlined in subsection (a).  The profile shall be sent to the agency's Chief Executive Officer and the EEO/AA officer with a letter of findings signed by the Director, and shall find the agency in:

 

1)         Compliance:  all EEO/AA criteria set forth in subsection (a) have been met by the agency; or

 

2)         Non-compliance:  EEO/AA criteria as set forth in subsection (a) have not been met.

 

c)         Compliance Process

 

1)         If the Department finds the agency is in compliance, the Director shall send a letter of findings of compliance to the agency and attach the EEO/AA profile.  The agency will not be required to take any further action.

 

2)         If the Department finds that an agency is in non-compliance in regards to subsection (a)(2) for the first year, in accordance with Section 7-105(H) of the Act, the Department will send a letter of findings of non-compliance to the agency and attach the EEO/AA profile.  The Director will notify the agency and the Department of Central Management Services (CMS) that the agency must establish necessary training programs for preparation and promotion of the category of individuals affected by the failure, in cooperation with CMS.

 

3)         If the Department finds that an agency is in non-compliance in regards to subsection (a)(2) for the second consecutive year, in accordance with Section 7-105(H) of the Act, the Department will send a letter of findings of non-compliance to the agency and attach the EEO/AA profile.  The Director will notify the agency and CMS that the agency must continue necessary training programs for preparation and promotion of the category of individuals affected by the failure, in cooperation with CMS.

 

4)         If the Department finds that an agency is in non-compliance in regards to subsection (a)(2) for the third consecutive year, in accordance with Section 7-105(H) of the Act, the Department will inform the agency that it must continue training.  Further, the Director may request that the Chief Executive Officer of the agency in question meet with him/her to discuss the agency's EEO/AA performance.  In addition, the Department shall direct that the agency furnish to the Department a monthly report due on the fifth working day of each month that must be signed by the Chief Executive Officer and EEO Officer.

 

A)        The monthly report shall list each employment transaction for the month by job title, EEO job category, pay grade or merit compensation level, geographic region and affirmative action group of the employee affected.  The report shall also indicate the number of people in each affirmative action group who applied and who were selected for each transaction.

 

B)        After an agency has completed training for failure to meet numerical and program goals, the agency shall describe in its monthly reports the training instituted and indicate the numbers of each affirmative action group participating in the training.

 

5)         If the Department finds an agency in non-compliance with subsection (a)(2) for the third consecutive year, sanctions for non-compliance provided in Section 2520.797 will be invoked.

 

6)         If the Department finds an agency in non-compliance with any other EEO/AA criteria other than subsection (a)(2):

 

A)        The Director shall send a letter of findings of non-compliance to the agency, attach the EEO/AA profile report, and set forth recommendations for the agency to achieve compliance.  The agency shall submit, within 30 days after receipt of the letter of findings of non-compliance, a corrective action plan incorporating the Director's recommendations, as well as other plans the agency develops to achieve compliance.

 

B)        If the Department determines the corrective action plan is sufficient to bring the agency into compliance, the Department will notify the agency that it has 30 days to implement the plan.

 

C)        The Department will monitor and periodically evaluate the implementation of the agency's corrective action plan.

 

D)        If the Department determines that an agency's corrective action plan is not sufficient to bring the agency into compliance, the Department will notify the agency and request a plan with alternative measures to be submitted within 30 days after the agency's receipt of the Department's notice.  If the alternative action plan is sufficient, the Department will proceed pursuant to subsections (b) and (c).

 

E)        If the agency fails to provide an alternative action plan that is sufficient to bring the agency into compliance, the Department will invoke the sanctions for non-compliance provided in Section 2520.797.

 

(Source:  Amended at 38 Ill. Reg. 9481, effective April 21, 2014)




 

 

Section 2520.797  Sanctions for Noncompliance

 

a)         Show Cause Notice – If a State agency is determined by the Director to have violated or failed to comply with a requirement of this Subpart and the agency has been afforded an opportunity to respond to or confer with the Department over that determination, the Department shall serve upon the agency's Chief Executive Officer a notice specifying the nature of the violation or noncompliance.  The notice shall provide that the agency has 15 days from receipt to respond in writing to the Director setting forth a compromise or resolution of the matter. Within 30 days of receipt of a timely response, the Department shall review it, and if the response is sufficient, may resolve the matter pursuant to written agreement with the agency or by written statement that it will not proceed with the sanctions provided in subsection (b).

 

b)         Sanctions – If an agency fails to satisfactorily respond to notice pursuant to subsection (a) of this Section, or if an agency is determined by the Department to have violated or failed to comply with this Subpart and has otherwise been afforded an opportunity to respond to or confer with the Department over that determination without an accord being reached, the Director shall send to the agency's Chief Executive Officer a Letter of Finding of Noncompliance specifying the nature of the violation or noncompliance.  A copy shall be submitted to the Governor. A Letter of Finding of Noncompliance shall be a "public record", subject to disclosure pursuant to the Freedom of Information Act [5 ILCS 140]. In addition to sending the Letter of Finding of Noncompliance, the Director may initiate a charge of a civil rights violation against the agency pursuant to Section 7A-102 of the Act, alleging the matters that constitute the agency's noncompliance, and shall cause the Department to conduct an in-depth compliance review of the agency's equal opportunity and affirmative action posture and practices. The Director may also cause judicial proceedings to be commenced against the agency to compel the agency's compliance with the Act and this Part.

 

(Source:  Amended at 31 Ill. Reg. 12319, effective August 8, 2007)

SUBPART I: SEXUAL HARASSMENT IN HIGHER EDUCATION POLICIES

 

Section 2520.810  Posting of Sexual Harassment Policies

 

a)         Section 5A-101.1 of the Act requires institutions of higher education to post, in a prominent and accessible location, a poster stating sexual harassment laws and policies.  The institution is given three posting options.  The posting documents are to be provided by the Department on its website.

 

1)         If an institution of higher education chooses option (i) as specified in the Act, the institution must post in accessible common areas its sexual harassment policies and ensure the posting continues to be prominent and accessible to students. 

 

2)         If an institution of higher education chooses option (ii) as specified in the Act, the institution must prominently post its sexual harassment policies and send an electronic copy to each student each time registration materials are sent.

 

3)         If an institution of higher education chooses option (iii) as specified in the Act, the institution must send each student an electronic copy of sexual harassment policies and require each student to acknowledge review of those policies prior to the student's completion of online registration for each academic term. 

 

b)         Any person may notify the Department that an institution of higher education allegedly has failed to comply with posting requirements of Section 5A-101.1 of the Act by writing to Director, Department of Human Rights, 100 West Randolph Street, Suite 10-100, Chicago, Illinois, 60601, along with a description of how the institution allegedly failed to comply with the Act.  The name, address and telephone number of the person making the allegation must be included.  The written notice must also state that the person making the allegation is available to testify as a witness to the alleged incident. 

 

(Source:  Added at 33 Ill. Reg. 17086, effective December 4, 2009)

 

Section 2520.820  Notice to Show Cause

 

a)         If the Department receives allegations that an institution of higher education has failed to comply with Section 5A-101.1 of the Act and the Department's preliminary investigation pursuant to Section 5A-101.1(C) of the Act reveals that the institution has failed to post its sexual harassment policy in accordance with the Act, the Department may issue to the institution a Notice to Show Cause.  The Notice to Show Cause shall specify the provisions of the Act with which the institution has failed to comply and shall state what steps the institution must take to comply with the Act.

 

b)         The institution shall have 30 days to respond to the Notice to Show Cause.  In its response, the institution shall describe the modifications to policies and practices it will take to conform to the provisions of the Act and/or dispute the Department's determination that the institution has failed to comply with the Act.

 

c)         If, upon review of the institution's response to the Notice to Show Cause, the Department determines that the institution has not corrected its failure to conform to the posting provisions of the Act, the Department shall consider an institution's reason for its failure to comply when determining whether to file a charge of civil rights violation against the institution.

 

(Source:  Added at 33 Ill. Reg. 17086, effective December 4, 2009)




Section 2520.APPENDIX A   Contents of Affirmative Action Plans

 

Part I

 

a)         A completed Equal Employment Opportunity/Affirmative Action Certification Form;

 

b)        An agency EEO/AA policy statement signed by the Chief Executive Officer;

 

c)         An agency profile statement, describing the mission of the agency and its specific EEO/AA problems and needs;

 

d)        Identification of the agency's primary EEO Officer and his/her work location and telephone number;

 

e)         An organizational chart depicting the agency personnel at all levels responsible for implementing and monitoring the agency's affirmative action plan; and

 

f)         A description of the methods to be used in accomplishing both internal and external dissemination of the agency's affirmative action policy and plan.

 

Part II

 

a)         Workforce Transactions Report:  an assessment of the agency's personnel transactions for the previous fiscal year, including, but not limited to, a breakdown of new hires, promotions, demotions, transfers and separations by affirmative action groups.

 

b)          Workforce Analysis:  an analysis, as of June 30 of the previous fiscal year, of the distribution of present employees by affirmative action group among the 8 EEO job categories in the 10 regions.

 

Part III

 

a)         Availability Analysis for Women and Minorities:

 

1)         Numerical goals must be determined when there are 10 or more employees in an EEO job category within a region where the labor market availability rate for a specific affirmative action group is greater than 2 percent.  The following factors must be considered in determining availability for each affirmative action group in each of the EEO job categories in each region of the State:

 

A)        Those having requisite skills in the region; and

 

B)        Those promotable, trainable and transferable, as these terms are defined in Section 2520.700.

 

2)         The availability of members of each affirmative action group is determined by using the following methodology:

 

A)        Each factor is assigned a value weight by the agency on a scale of 0 percent to 100 percent.  The value weight indicates the applicability of each factor to the agency/facility in recruiting employees for that EEO job category.  The sum of all value weights must be 100 percent, representing all persons available to work in a job category.

 

B)        Each value weight is multiplied by the percentage of the affirmative action group in each of the factors.  The result is a weighted factor for each of the categories.

 

C)        The sum of the weighted factors is the availability percentage or ratio for that affirmative action group for that category for that region.  This availability percentage or ratio is applied to the total number of positions in the agency's EEO job category to determine the numerical availability of the affirmative action group in each EEO job category.

 

b)         Goals and Timetables:  Agencies shall set numerical goals equal to the underutilization of affirmative action group members resulting from the process set forth in Part III(a)(2). No such goals shall be set when the labor force availability of an affirmative action group is less than 2 percent in the DHR region in which it occurs.  Program goals must be developed in conjunction with the problems identified as the result of the agency's internal and external workforce analyses. Each numerical or program goal should include a brief description of the area of concern, objectives that delineate specific intentions, action items outlining steps to be taken to achieve the objectives, the individual responsible for carrying out the action item, the target date for completion, and the procedure for monitoring the progress toward meeting the goal.

 

Part IV

 

Discrimination Complaint Process:  A description of the procedures established by the agency to address charges of employment discrimination. This Part should include a statement that employees will be advised of their rights to file charges of discrimination with the Department, the U.S. Equal Employment Opportunity Commission, or any other appropriate government agency.

 

Part V

 

Affirmative Action for Disabled Persons

 

a)         Methodology for Disabled Persons:

 

1)         Factors:  A numerical goal must be determined on an agency-wide basis, considering the proportion of people with disabilities in the Illinois labor force, as reflected in the most recent data provided by the U.S. Census Bureau American Community Survey.

 

2)         Survey:  Employees working after June 1, 2012 shall be surveyed to determine the State's utilization of people with disabilities, as defined in Section 2520.700.  Subsequently hired employees shall be surveyed at the time of hire.

 

3)         Availability:  Availability must be determined by using the following methodology:

 

A)        The total number of agency employees is multiplied by the percentage of employees with disabilities in the Illinois labor force (as supplied by the Department);

 

B)        The agency will enter the number of employees identifying themselves as having disabilities through the disability survey process;

 

C)        The number of employees in subsection (a)(3)(B) is subtracted from the result of subsection (a)(3)(A);

 

D)        If the result of subsection (a)(3)(C) is a positive number, the agency must adopt that number as its goal for employing persons with disabilities.  If the result of subsection (a)(3)(C) is "0" or a negative number, the agency is considered to be at parity with the external labor force; and

 

E)        If there is underutilization, a numerical goal must be developed and should include a brief description of the area of concern, objectives that delineate specific intentions, action items outlining steps to be taken to achieve the objectives, the individual responsible for carrying out the action item, the target date for completion, and the procedure for monitoring progress toward meeting the goal.

 

b)         Recruitment Procedures:  Identification of sources used to recruit applicants with disabilities when persons with disabilities are underutilized.

 

c)         Application Process Procedures

 

1)         A review of employment criteria to assure they have no adverse impact on disabled persons;

 

2)         Pre-employment inquiries – a statement regarding the inadmissibility of inquiries regarding an applicant's disability during the interview process;

 

3)         Employment testing (for agencies conducting their own tests) – a statement that the tests do not have an adverse impact on disabled applicants and that reasonable accommodation will be provided in the administration of the tests, as required;

 

4)         The prohibition of pre-employment medical examinations before an offer of employment;

 

5)         The prohibition of pre-employment medical examinations after an offer of employment, unless the examinations are job related and required of all applicants for that position.

 

d)         Reasonable Accommodation

 

1)         Agency policy committing the agency to providing reasonable accommodations to disabled employees, signed by the Chief Executive Officer of the agency.

 

2)         A description of the procedure to determine reasonable accommodation.

 

e)         Physical Accessibility for Employment:

 

1)         Of personnel offices;

 

2)         Of the worksite;

 

3)         For evacuation of disabled persons in emergency situations.

 

Part VI

 

Applicable EEO Laws:  This Part should set forth the relevant text of any federal law that mandates the agency to adhere to additional EEO/AA requirements.

 

Part VII

 

This Part should have an appendix to the affirmative action plan that contains all supporting data, including the Hiring and Promotion Monitors and the exit questionnaire.

 

(Source:  Amended at 39 Ill. Reg. 5601, effective April 6, 2015)

 

Section 2520.APPENDIX B   Value Weight Assignment Chart (Repealed)

 

(Source:  Repealed at 36 Ill. Reg. 8699, effective June 1, 2012)

 

Section 2520.APPENDIX C   Contents of Layoff Reports

 

a)         When a State agency has at least 30 incumbents in the EEO job category within a particular region in which a layoff will take place and there are at least 5 members of a specific affirmative action group who are targeted for layoff, the completed projected layoff report shall contain the following:

 

1)         The Certification Sheet.   The certification sheet confirms the accuracy of the layoff report.  A completed certification sheet must indicate the name of the agency, agency Chief Executive Officer, agency EEO/AA Officer, and effective date of the projected layoff.  The Chief Executive Officer and EEO/AA Officer must sign and date the certification sheet.  The Department's assigned agency liaison will sign and date the certification sheet upon receipt.

 

2)         The Projected Layoff Summary Form.  The projected layoff summary form provides statistical data on the agency layoff by race, sex and disability.  A completed form must indicate the agency name, the analysis date, and the date and source of workforce data.  The form shall include:  total employees before layoff and the total number of projected layoffs, by region; the number of persons laid off, by race, sex and disability; and, if necessary, adverse impact on any affirmative action group member.

 

3)         The Projected Layoff Analysis Form.  The projected layoff analysis form is used to calculate whether adverse impact exists for a specific affirmative action group subject to the layoff.  A form must be completed for each affirmative action group member affected by the layoff, when necessary.  A completed form must indicate the agency name, region and affirmative action group member.  The form must indicate, by EEO job category, total employees and number of employees projected to be laid off.  A comparison of the layoff rate of the affirmative action group in question with the layoff rate of the comparison group will indicate the impact ratio to determine adverse or no adverse impact.

 

4)         The Narrative

 

A)        The narrative must contain, but is not limited to, the following information:

 

i)          the State agency's reasons for selecting the targeted positions for layoff;

 

ii)         any provisions of the Illinois Personnel Code, personnel rules, and/or collective bargaining agreement governing the layoff;

 

iii)        if the layoff decisions were made by seniority date, an explanation of any exceptions and the reasons for the exceptions;

 

iv)        any alternatives to laying off the affected employees that were available to and considered by the agency; and

 

v)         a discussion of any significant impact the layoff would have on a specific affirmative action group.

 

B)        If the report is being submitted less than 30 days prior to the effective date of the layoff, the narrative must set forth the emergency situation necessitating the layoff.

 

5)         The agency's layoff plan shall identify, by region, job title, and affirmative action groups, the employees to be affected by the layoff.

 

6)         A summary workforce analysis  for the region where the layoff will occur.

 

b)         When there are fewer than 30 incumbents in the EEO job category within a particular region in which a layoff will take place or there are fewer than 5 members of a specific affirmative action group who are targeted for layoff, the completed projected layoff report shall contain the following:

 

1)         The Certification Sheet.  The certification sheet confirms the accuracy of the layoff report.  A completed certification sheet must indicate the name of the agency, agency Chief Executive Officer, agency EEO/AA Officer, and effective date of the projected layoff.  The Chief Executive Officer and EEO/AA Officer must sign and date the certification sheet.  The Department's assigned agency liaison will sign and date the certification sheet upon receipt.

 

2)         The Projected Layoff Summary Form.  The projected layoff summary form provides statistical data of the agency layoff by race, sex and disability.  A completed form must indicate the agency name, the analysis date, and the date and source of workforce data.  The form shall include:  total employees before layoff and the total number of projected layoffs, by region; the number of persons laid off by race, sex and disability; and, if necessary, adverse impact on any affirmative action group member.

 

3)         The Narrative

 

A)        The narrative must contain, but is not limited to, the following information:

 

i)          the State agency's reasons for selecting the targeted positions for layoff;

 

ii)         any provisions of the Illinois Personnel Code, personnel rules, and/or collective bargaining agreement governing the layoff;

 

iii)        if the layoff decisions were made by seniority date, an explanation of any exceptions and the reasons they were made;

 

iv)        any alternatives to laying off the affected employees that were available to and considered by the agency; and

 

v)         a discussion of any significant impact the layoff would have on a specific affirmative action group.

 

B)        If the report is being submitted less than 30 days prior to the effective date of the layoff, the narrative must set forth the emergency situation necessitating the layoff.

 

4)         The agency's layoff plan shall identify, by region, job title, and affirmative action groups, the employees to be affected by the layoff.

 

5)         A summary workforce analysis for the region where the layoff will occur.

 

(Source:  Amended at 36 Ill. Reg. 8699, effective June 1, 2012)




Section 2520.APPENDIX D   Illinois Counties by Region

 

These regions will be effective July 1, 2015.

 

REGION 1	REGION 2	REGION 3	REGION 4
Cook	Boone	Bureau	Adams
Dekalb	Ogle	Carroll	Brown
DuPage	Stephenson	Henry	Hancock
Grundy	Winnebago	Jo Daviess	Henderson
Kane		LaSalle	Knox
Kankakee		Lee	McDonough
Kendall		Mercer	Pike
Lake		Putnam	Schuyler
McHenry		Rock Island	Warren
Will		Whiteside

 

REGION 5	REGION 6	REGION 7	REGION 8
DeWitt	Champaign	Christian	Bond
Fulton	Douglas	Cass	Calhoun
Livingston	Ford	Greene	Clinton
Marshall	Iroquois	Logan	Jersey
Mason	Piatt	Macon	Madison
McLean	Vermilion	Macoupin	Monroe
Peoria		Menard	Randolph
Stark		Montgomery	St. Clair
Tazewell		Morgan	Washington
Woodford		Sangamon
		Scott
		Shelby

 

REGION 9	REGION 10
Clark	Alexander	Perry
Clay	Edwards	Pope
Coles	Franklin	Pulaski
Crawford	Gallatin	Saline
Cumberland	Hamilton	Union
Edgar	Hardin	Wabash
Effingham	Jackson	Wayne
Fayette	Jefferson	White
Jasper	Johnson	Williamson
Lawrence	Massac
Marion
Moultrie
Richland

 

These regions are effective through June 30, 2015.

 

REGION 1	REGION 2	REGION 3	REGION 4
Cook	Boone	Bureau	Fulton
DuPage	Carroll	Henderson	Mason
Grundy	DeKalb	Henry	Peoria
Kane	Jo Daviess	Knox	Tazewell
Kendall	Lee	Mercer	Woodford
Lake	Ogle	Rock Island
McHenry	Stephenson	Stark
Will	Whiteside	Warren
	Winnebago

 

REGION 5	REGION 6	REGION 7	REGION 8
Kankakee	Champaign	Christian	Adams
LaSalle	Douglas	DeWitt	Brown
Livingston	Ford	Logan	Calhoun
Marshall	Iroquois	Macon	Cass
McLean	Vermilion	Macoupin	Greene
Putnam		Menard	Hancock
		Montgomery	Jersey
		Piatt	McDonough
		Sangamon	Morgan
			Pike
			Schuyler
			Scott

 

REGION 9	REGION 10		REGION 11
Bond	Clark	Marion	Alexander	Perry
Clinton	Clay	Moultrie	Edwards	Pope
Madison	Coles	Richland	Franklin	Pulaski
Monroe	Crawford	Shelby	Gallatin	Randolph
St. Clair	Cumberland		Hamilton	Saline
Washington	Edgar		Hardin	Union
	Effingham		Jackson	Wabash
	Fayette		Jefferson	Wayne
	Jasper		Johnson	White
	Lawrence		Massac	Williamson

 

(Source:  Amended at 39 Ill. Reg. 5601, effective April 6, 2015)