SB3310 EngrossedLRB103 37330 JRC 67451 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Section 7A-102 as follows:
 
6    (775 ILCS 5/7A-102)  (from Ch. 68, par. 7A-102)
7    Sec. 7A-102. Procedures.
8    (A) Charge.
9        (1) Within 2 years 300 calendar days after the date
10    that a civil rights violation allegedly has been
11    committed, a charge in writing under oath or affirmation
12    may be filed with the Department by an aggrieved party or
13    issued by the Department itself under the signature of the
14    Director.
15        (2) The charge shall be in such detail as to
16    substantially apprise any party properly concerned as to
17    the time, place, and facts surrounding the alleged civil
18    rights violation.
19        (3) Charges deemed filed with the Department pursuant
20    to subsection (A-1) of this Section shall be deemed to be
21    in compliance with this subsection.
22    (A-1) Equal Employment Opportunity Commission Charges.
23        (1) If a charge is filed with the Equal Employment

 

 

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1    Opportunity Commission (EEOC) within 300 calendar days
2    after the date of the alleged civil rights violation, the
3    charge shall be deemed filed with the Department on the
4    date filed with the EEOC. If the EEOC is the governmental
5    agency designated to investigate the charge first, the
6    Department shall take no action until the EEOC makes a
7    determination on the charge and after the complainant
8    notifies the Department of the EEOC's determination. In
9    such cases, after receiving notice from the EEOC that a
10    charge was filed, the Department shall notify the parties
11    that (i) a charge has been received by the EEOC and has
12    been sent to the Department for dual filing purposes; (ii)
13    the EEOC is the governmental agency responsible for
14    investigating the charge and that the investigation shall
15    be conducted pursuant to the rules and procedures adopted
16    by the EEOC; (iii) it will take no action on the charge
17    until the EEOC issues its determination; (iv) the
18    complainant must submit a copy of the EEOC's determination
19    within 30 days after service of the determination by the
20    EEOC on the complainant; and (v) that the time period to
21    investigate the charge contained in subsection (G) of this
22    Section is tolled from the date on which the charge is
23    filed with the EEOC until the EEOC issues its
24    determination.
25        (2) If the EEOC finds reasonable cause to believe that
26    there has been a violation of federal law and if the

 

 

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1    Department is timely notified of the EEOC's findings by
2    the complainant, the Department shall notify the
3    complainant that the Department has adopted the EEOC's
4    determination of reasonable cause and that the complainant
5    has the right, within 90 days after receipt of the
6    Department's notice, to either file the complainant's own
7    complaint with the Illinois Human Rights Commission or
8    commence a civil action in the appropriate circuit court
9    or other appropriate court of competent jurisdiction. This
10    notice shall be provided to the complainant within 10
11    business days after the Department's receipt of the EEOC's
12    determination. The Department's notice to the complainant
13    that the Department has adopted the EEOC's determination
14    of reasonable cause shall constitute the Department's
15    Report for purposes of subparagraph (D) of this Section.
16        (3) For those charges alleging violations within the
17    jurisdiction of both the EEOC and the Department and for
18    which the EEOC either (i) does not issue a determination,
19    but does issue the complainant a notice of a right to sue,
20    including when the right to sue is issued at the request of
21    the complainant, or (ii) determines that it is unable to
22    establish that illegal discrimination has occurred and
23    issues the complainant a right to sue notice, and if the
24    Department is timely notified of the EEOC's determination
25    by the complainant, the Department shall notify the
26    parties, within 10 business days after receipt of the

 

 

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1    EEOC's determination, that the Department will adopt the
2    EEOC's determination as a dismissal for lack of
3    substantial evidence unless the complainant requests in
4    writing within 35 days after receipt of the Department's
5    notice that the Department review the EEOC's
6    determination.
7            (a) If the complainant does not file a written
8        request with the Department to review the EEOC's
9        determination within 35 days after receipt of the
10        Department's notice, the Department shall notify the
11        complainant, within 10 business days after the
12        expiration of the 35-day period, that the decision of
13        the EEOC has been adopted by the Department as a
14        dismissal for lack of substantial evidence and that
15        the complainant has the right, within 90 days after
16        receipt of the Department's notice, to commence a
17        civil action in the appropriate circuit court or other
18        appropriate court of competent jurisdiction. The
19        Department's notice to the complainant that the
20        Department has adopted the EEOC's determination shall
21        constitute the Department's report for purposes of
22        subparagraph (D) of this Section.
23            (b) If the complainant does file a written request
24        with the Department to review the EEOC's
25        determination, the Department shall review the EEOC's
26        determination and any evidence obtained by the EEOC

 

 

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1        during its investigation. If, after reviewing the
2        EEOC's determination and any evidence obtained by the
3        EEOC, the Department determines there is no need for
4        further investigation of the charge, the Department
5        shall issue a report and the Director shall determine
6        whether there is substantial evidence that the alleged
7        civil rights violation has been committed pursuant to
8        subsection (D) of this Section. If, after reviewing
9        the EEOC's determination and any evidence obtained by
10        the EEOC, the Department determines there is a need
11        for further investigation of the charge, the
12        Department may conduct any further investigation it
13        deems necessary. After reviewing the EEOC's
14        determination, the evidence obtained by the EEOC, and
15        any additional investigation conducted by the
16        Department, the Department shall issue a report and
17        the Director shall determine whether there is
18        substantial evidence that the alleged civil rights
19        violation has been committed pursuant to subsection
20        (D) of this Section.
21        (4) Pursuant to this Section, if the EEOC dismisses
22    the charge or a portion of the charge of discrimination
23    because, under federal law, the EEOC lacks jurisdiction
24    over the charge, and if, under this Act, the Department
25    has jurisdiction over the charge of discrimination, the
26    Department shall investigate the charge or portion of the

 

 

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1    charge dismissed by the EEOC for lack of jurisdiction
2    pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
3    (E), (F), (G), (H), (I), (J), and (K) of this Section.
4        (5) The time limit set out in subsection (G) of this
5    Section is tolled from the date on which the charge is
6    filed with the EEOC to the date on which the EEOC issues
7    its determination.
8        (6) The failure of the Department to meet the
9    10-business-day notification deadlines set out in
10    paragraph (2) of this subsection shall not impair the
11    rights of any party.
12    (B) Notice and Response to Charge. The Department shall,
13within 10 days of the date on which the charge was filed, serve
14a copy of the charge on the respondent and provide all parties
15with a notice of the complainant's right to opt out of the
16investigation within 60 days as set forth in subsection (C-1).
17This period shall not be construed to be jurisdictional. The
18charging party and the respondent may each file a position
19statement and other materials with the Department regarding
20the charge of alleged discrimination within 60 days of receipt
21of the notice of the charge. The position statements and other
22materials filed shall remain confidential unless otherwise
23agreed to by the party providing the information and shall not
24be served on or made available to the other party during the
25pendency of a charge with the Department. The Department may
26require the respondent to file a response to the allegations

 

 

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1contained in the charge. Upon the Department's request, the
2respondent shall file a response to the charge within 60 days
3and shall serve a copy of its response on the complainant or
4the complainant's representative. Notwithstanding any request
5from the Department, the respondent may elect to file a
6response to the charge within 60 days of receipt of notice of
7the charge, provided the respondent serves a copy of its
8response on the complainant or the complainant's
9representative. All allegations contained in the charge not
10denied by the respondent within 60 days of the Department's
11request for a response may be deemed admitted, unless the
12respondent states that it is without sufficient information to
13form a belief with respect to such allegation. The Department
14may issue a notice of default directed to any respondent who
15fails to file a response to a charge within 60 days of receipt
16of the Department's request, unless the respondent can
17demonstrate good cause as to why such notice should not issue.
18The term "good cause" shall be defined by rule promulgated by
19the Department. Within 30 days of receipt of the respondent's
20response, the complainant may file a reply to said response
21and shall serve a copy of said reply on the respondent or the
22respondent's representative. A party shall have the right to
23supplement the party's response or reply at any time that the
24investigation of the charge is pending. The Department shall,
25within 10 days of the date on which the charge was filed, and
26again no later than 335 days thereafter, send by certified or

 

 

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1registered mail, or electronic mail if elected by the party,
2written notice to the complainant and to the respondent
3informing the complainant of the complainant's rights to
4either file a complaint with the Human Rights Commission or
5commence a civil action in the appropriate circuit court under
6subparagraph (2) of paragraph (G), including in such notice
7the dates within which the complainant may exercise these
8rights. In the notice the Department shall notify the
9complainant that the charge of civil rights violation will be
10dismissed with prejudice and with no right to further proceed
11if a written complaint is not timely filed with the Commission
12or with the appropriate circuit court by the complainant
13pursuant to subparagraph (2) of paragraph (G) or by the
14Department pursuant to subparagraph (1) of paragraph (G).
15    (B-1) Mediation. The complainant and respondent may agree
16to voluntarily submit the charge to mediation without waiving
17any rights that are otherwise available to either party
18pursuant to this Act and without incurring any obligation to
19accept the result of the mediation process. Nothing occurring
20in mediation shall be disclosed by the Department or
21admissible in evidence in any subsequent proceeding unless the
22complainant and the respondent agree in writing that such
23disclosure be made.
24    (C) Investigation.
25        (1) The Department shall conduct an investigation
26    sufficient to determine whether the allegations set forth

 

 

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1    in the charge are supported by substantial evidence unless
2    the complainant elects to opt out of an investigation
3    pursuant to subsection (C-1).
4        (2) The Director or the Director's designated
5    representatives shall have authority to request any member
6    of the Commission to issue subpoenas to compel the
7    attendance of a witness or the production for examination
8    of any books, records or documents whatsoever.
9        (3) If any witness whose testimony is required for any
10    investigation resides outside the State, or through
11    illness or any other good cause as determined by the
12    Director is unable to be interviewed by the investigator
13    or appear at a fact finding conference, the witness'
14    testimony or deposition may be taken, within or without
15    the State, in the same manner as is provided for in the
16    taking of depositions in civil cases in circuit courts.
17        (4) Upon reasonable notice to the complainant and the
18    respondent, the Department shall conduct a fact finding
19    conference, unless prior to 365 days after the date on
20    which the charge was filed the Director has determined
21    whether there is substantial evidence that the alleged
22    civil rights violation has been committed, the charge has
23    been dismissed for lack of jurisdiction, or the parties
24    voluntarily and in writing agree to waive the fact finding
25    conference. Any party's failure to attend the conference
26    without good cause shall result in dismissal or default.

 

 

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1    The term "good cause" shall be defined by rule promulgated
2    by the Department. A notice of dismissal or default shall
3    be issued by the Director. The notice of default issued by
4    the Director shall notify the respondent that a request
5    for review may be filed in writing with the Commission
6    within 30 days of receipt of notice of default. The notice
7    of dismissal issued by the Director shall give the
8    complainant notice of the complainant's right to seek
9    review of the dismissal before the Human Rights Commission
10    or commence a civil action in the appropriate circuit
11    court. If the complainant chooses to have the Human Rights
12    Commission review the dismissal order, the complainant
13    shall file a request for review with the Commission within
14    90 days after receipt of the Director's notice. If the
15    complainant chooses to file a request for review with the
16    Commission, the complainant may not later commence a civil
17    action in a circuit court. If the complainant chooses to
18    commence a civil action in a circuit court, the
19    complainant must do so within 90 days after receipt of the
20    Director's notice.
21    (C-1) Opt out of Department's investigation. At any time
22within 60 days after receipt of notice of the right to opt out,
23a complainant may submit a written request seeking notice from
24the Director indicating that the complainant has opted out of
25the investigation and may commence a civil action in the
26appropriate circuit court or other appropriate court of

 

 

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1competent jurisdiction. Within 10 business days of receipt of
2the complainant's request to opt out of the investigation, the
3Director shall issue a notice to the parties stating that: (i)
4the complainant has exercised the right to opt out of the
5investigation; (ii) the complainant has 90 days after receipt
6of the Director's notice to commence an action in the
7appropriate circuit court or other appropriate court of
8competent jurisdiction; and (iii) the Department has ceased
9its investigation and is administratively closing the charge.
10The complainant shall notify the Department that a complaint
11has been filed with the appropriate circuit court by serving a
12copy of the complaint on the chief legal counsel of the
13Department within 21 days from the date that the complaint is
14filed with the appropriate circuit court. This 21-day period
15for service on the chief legal counsel shall not be construed
16to be jurisdictional. Once a complainant has opted out of the
17investigation under this subsection, the complainant may not
18file or refile a substantially similar charge with the
19Department arising from the same incident of unlawful
20discrimination or harassment.
21    (D) Report.
22        (1) Each charge investigated under subsection (C)
23    shall be the subject of a report to the Director. The
24    report shall be a confidential document subject to review
25    by the Director, authorized Department employees, the
26    parties, and, where indicated by this Act, members of the

 

 

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1    Commission or their designated hearing officers.
2        (2) Upon review of the report, the Director shall
3    determine whether there is substantial evidence that the
4    alleged civil rights violation has been committed. The
5    determination of substantial evidence is limited to
6    determining the need for further consideration of the
7    charge pursuant to this Act and includes, but is not
8    limited to, findings of fact and conclusions, as well as
9    the reasons for the determinations on all material issues.
10    Substantial evidence is evidence which a reasonable mind
11    accepts as sufficient to support a particular conclusion
12    and which consists of more than a mere scintilla but may be
13    somewhat less than a preponderance.
14        (3) If the Director determines that there is no
15    substantial evidence, the charge shall be dismissed by the
16    Director and the Director shall give the complainant
17    notice of the complainant's right to seek review of the
18    notice of dismissal before the Commission or commence a
19    civil action in the appropriate circuit court. If the
20    complainant chooses to have the Human Rights Commission
21    review the notice of dismissal, the complainant shall file
22    a request for review with the Commission within 90 days
23    after receipt of the Director's notice. If the complainant
24    chooses to file a request for review with the Commission,
25    the complainant may not later commence a civil action in a
26    circuit court. If the complainant chooses to commence a

 

 

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1    civil action in a circuit court, the complainant must do
2    so within 90 days after receipt of the Director's notice.
3    The complainant shall notify the Department that a
4    complaint has been filed by serving a copy of the
5    complaint on the chief legal counsel of the Department
6    within 21 days from the date that the complaint is filed in
7    circuit court. This 21-day period for service on the chief
8    legal counsel shall not be construed to be jurisdictional.
9        (4) If the Director determines that there is
10    substantial evidence, the Director shall notify the
11    complainant and respondent of that determination. The
12    Director shall also notify the parties that the
13    complainant has the right to either commence a civil
14    action in the appropriate circuit court or request that
15    the Department of Human Rights file a complaint with the
16    Human Rights Commission on the complainant's behalf. Any
17    such complaint shall be filed within 90 days after receipt
18    of the Director's notice. If the complainant chooses to
19    have the Department file a complaint with the Human Rights
20    Commission on the complainant's behalf, the complainant
21    must, within 30 days after receipt of the Director's
22    notice, request in writing that the Department file the
23    complaint. If the complainant timely requests that the
24    Department file the complaint, the Department shall file
25    the complaint on the complainant's behalf. If the
26    complainant fails to timely request that the Department

 

 

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1    file the complaint, the complainant may file the
2    complainant's complaint with the Commission or commence a
3    civil action in the appropriate circuit court. If the
4    complainant files a complaint with the Human Rights
5    Commission, the complainant shall notify the Department
6    that a complaint has been filed by serving a copy of the
7    complaint on the chief legal counsel of the Department
8    within 21 days from the date that the complaint is filed
9    with the Human Rights Commission. This 21-day period for
10    service on the chief legal counsel shall not be construed
11    to be jurisdictional.
12    (E) Conciliation.
13         (1) When there is a finding of substantial evidence,
14    the Department may designate a Department employee who is
15    an attorney licensed to practice in Illinois to endeavor
16    to eliminate the effect of the alleged civil rights
17    violation and to prevent its repetition by means of
18    conference and conciliation.
19        (2) When the Department determines that a formal
20    conciliation conference is necessary, the complainant and
21    respondent shall be notified of the time and place of the
22    conference by registered or certified mail at least 10
23    days prior thereto and either or both parties shall appear
24    at the conference in person or by attorney.
25        (3) The place fixed for the conference shall be within
26    35 miles of the place where the civil rights violation is

 

 

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1    alleged to have been committed.
2        (4) Nothing occurring at the conference shall be
3    disclosed by the Department unless the complainant and
4    respondent agree in writing that such disclosure be made.
5        (5) The Department's efforts to conciliate the matter
6    shall not stay or extend the time for filing the complaint
7    with the Commission or the circuit court.
8    (F) Complaint.
9        (1) When the complainant requests that the Department
10    file a complaint with the Commission on the complainant's
11    behalf, the Department shall prepare a written complaint,
12    under oath or affirmation, stating the nature of the civil
13    rights violation substantially as alleged in the charge
14    previously filed and the relief sought on behalf of the
15    aggrieved party. The Department shall file the complaint
16    with the Commission.
17        (1.5) If the complainant chooses to file a complaint
18    with the Commission without the Department's assistance,
19    the complainant shall notify the Department that a
20    complaint has been filed by serving a copy of the
21    complaint on the chief legal counsel of the Department
22    within 21 days from the date that the complaint is filed
23    with the Human Rights Commission. This 21-day period for
24    service on the chief legal counsel shall not be construed
25    to be jurisdictional.
26        (2) If the complainant chooses to commence a civil

 

 

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1    action in a circuit court:
2            (i) The complainant shall file the civil action in
3        the circuit court in the county wherein the civil
4        rights violation was allegedly committed.
5            (ii) The form of the complaint in any such civil
6        action shall be in accordance with the Code of Civil
7        Procedure.
8            (iii) The complainant shall notify the Department
9        that a complaint has been filed by serving a copy of
10        the complaint on the chief legal counsel of the
11        Department within 21 days from date that the complaint
12        is filed in circuit court. This 21-day period for
13        service on the chief legal counsel shall not be
14        construed to be jurisdictional.
15    (G) Time Limit.
16        (1) When a charge of a civil rights violation has been
17    properly filed, the Department, within 365 days thereof or
18    within any extension of that period agreed to in writing
19    by all parties, shall issue its report as required by
20    subparagraph (D). Any such report shall be duly served
21    upon both the complainant and the respondent.
22        (2) If the Department has not issued its report within
23    365 days after the charge is filed, or any such longer
24    period agreed to in writing by all the parties, the
25    complainant shall have 90 days to either file the
26    complainant's own complaint with the Human Rights

 

 

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1    Commission or commence a civil action in the appropriate
2    circuit court. If the complainant files a complaint with
3    the Commission, the form of the complaint shall be in
4    accordance with the provisions of paragraph (F)(1). If the
5    complainant commences a civil action in a circuit court,
6    the form of the complaint shall be in accordance with the
7    Code of Civil Procedure. The aggrieved party shall notify
8    the Department that a complaint has been filed by serving
9    a copy of the complaint on the chief legal counsel of the
10    Department with 21 days from the date that the complaint
11    is filed with the Commission or in circuit court. This
12    21-day period for service on the chief legal counsel shall
13    not be construed to be jurisdictional. If the complainant
14    files a complaint with the Commission, the complainant may
15    not later commence a civil action in circuit court.
16        (3) If an aggrieved party files a complaint with the
17    Human Rights Commission or commences a civil action in
18    circuit court pursuant to paragraph (2) of this
19    subsection, or if the time period for filing a complaint
20    has expired, the Department shall immediately cease its
21    investigation and dismiss the charge of civil rights
22    violation. Any final order entered by the Commission under
23    this Section is appealable in accordance with paragraph
24    (B)(1) of Section 8-111. Failure to immediately cease an
25    investigation and dismiss the charge of civil rights
26    violation as provided in this paragraph (3) constitutes

 

 

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1    grounds for entry of an order by the circuit court
2    permanently enjoining the investigation. The Department
3    may also be liable for any costs and other damages
4    incurred by the respondent as a result of the action of the
5    Department.
6        (4) (Blank).
7    (H) Public Act 89-370 applies to causes of action filed on
8or after January 1, 1996.
9    (I) Public Act 89-520 applies to causes of action filed on
10or after January 1, 1996.
11    (J) The changes made to this Section by Public Act 95-243
12apply to charges filed on or after the effective date of those
13changes.
14    (K) The changes made to this Section by Public Act 96-876
15apply to charges filed on or after the effective date of those
16changes.
17    (L) The changes made to this Section by Public Act
18100-1066 apply to charges filed on or after August 24, 2018
19(the effective date of Public Act 100-1066).
20(Source: P.A. 102-558, eff. 8-20-21; 103-335, eff. 1-1-24.)