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1 | AN ACT concerning human rights.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Human Rights Act is amended by | |||||||||||||||||||
5 | changing Section 7A-102 as follows:
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6 | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
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7 | Sec. 7A-102. Procedures.
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8 | (A) Charge.
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9 | (1) Within 180 days after the
date that a civil rights | |||||||||||||||||||
10 | violation allegedly has been committed, a
charge in writing | |||||||||||||||||||
11 | under oath or affirmation may be filed with the
Department | |||||||||||||||||||
12 | by an aggrieved party or issued by the Department itself
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13 | under the signature of the Director.
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14 | (2) The charge shall be in such detail as to | |||||||||||||||||||
15 | substantially apprise
any party properly concerned as to | |||||||||||||||||||
16 | the time, place, and facts
surrounding the alleged civil | |||||||||||||||||||
17 | rights violation.
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18 | (B) Notice, and Response, and Review of Charge.
The | |||||||||||||||||||
19 | Department shall, within 10
days of the date on which the | |||||||||||||||||||
20 | charge
was filed, serve a copy of the charge on the respondent. | |||||||||||||||||||
21 | This period shall
not be construed to be jurisdictional. The | |||||||||||||||||||
22 | charging party and the respondent
may each file a position | |||||||||||||||||||
23 | statement and other materials with the Department
regarding the | |||||||||||||||||||
24 | charge of alleged discrimination within 60 days of receipt of | |||||||||||||||||||
25 | the
notice of the charge. The position statements and other | |||||||||||||||||||
26 | materials filed shall
remain confidential unless otherwise | |||||||||||||||||||
27 | agreed to by the party providing the
information and shall not | |||||||||||||||||||
28 | be served on or made available to the other
party during | |||||||||||||||||||
29 | pendency
of a charge with the Department. The Department
shall
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30 | require the respondent to file a verified response to
the | |||||||||||||||||||
31 | allegations contained in the charge within 60 days of receipt | |||||||||||||||||||
32 | of the
notice of the
charge. The respondent shall serve a copy
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1 | of its response on the
complainant or his representative. All | ||||||
2 | allegations contained in the charge
not timely denied by the | ||||||
3 | respondent shall be deemed admitted, unless the
respondent | ||||||
4 | states that it is without sufficient information to
form a | ||||||
5 | belief with respect to such allegation. The Department shall | ||||||
6 | issue
a notice of default directed to any respondent who fails | ||||||
7 | to file a
verified response to a charge within 60 days of | ||||||
8 | receipt of the
notice of the charge,
unless the respondent can
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9 | demonstrate good cause as
to why such notice should not issue. | ||||||
10 | Within 30 days of receipt
of the respondent's response, the | ||||||
11 | complainant may file a
reply to
said response and
shall serve
a | ||||||
12 | copy of said reply on the respondent or his representative. A | ||||||
13 | party
shall have the right to supplement his response or reply | ||||||
14 | at any time that
the investigation of the charge is pending. | ||||||
15 | The Department shall,
within 10 days of the date on which the | ||||||
16 | charge was filed,
and again no later than 335 days thereafter,
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17 | send by certified or registered mail written notice to the | ||||||
18 | complainant
and to the respondent
informing the complainant
of | ||||||
19 | the right to file a complaint with the Human
Rights Commission
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20 | under subparagraph (2) of paragraph (G), including in such | ||||||
21 | notice the dates
within which the complainant may exercise this | ||||||
22 | right.
In the notice the Department shall notify the | ||||||
23 | complainant that the
charge of civil rights violation will be | ||||||
24 | dismissed with prejudice and with no
right to further proceed | ||||||
25 | if a written complaint is not timely filed with
the Commission | ||||||
26 | by the complainant pursuant to subparagraph (2) of paragraph | ||||||
27 | (G)
or by the Department pursuant to subparagraph (1) of | ||||||
28 | paragraph (G).
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29 | (B-1) Mediation. The complainant and respondent may agree | ||||||
30 | to voluntarily
submit the charge
to mediation without waiving | ||||||
31 | any rights that are otherwise available to
either party | ||||||
32 | pursuant to this Act and without incurring any obligation to
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33 | accept the result of the mediation process. Nothing occurring | ||||||
34 | in mediation
shall
be disclosed by the Department or admissible | ||||||
35 | in evidence in any subsequent
proceeding unless the complainant | ||||||
36 | and the respondent agree in writing that such
disclosure be |
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1 | made.
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2 | (C) Investigation.
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3 | (1) After the respondent has been notified, the
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4 | Department shall conduct a full investigation of the | ||||||
5 | allegations set
forth in the charge.
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6 | (2) The Director or his or her designated | ||||||
7 | representatives shall have
authority to request any member | ||||||
8 | of the Commission to issue subpoenas to
compel the | ||||||
9 | attendance of a witness or the production for
examination | ||||||
10 | of any books, records or documents whatsoever.
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11 | (3) If any witness whose testimony is required for any | ||||||
12 | investigation
resides outside the State, or through | ||||||
13 | illness or any other good cause as
determined by the | ||||||
14 | Director is unable to be interviewed by the investigator
or | ||||||
15 | appear at a fact finding conference, his or her testimony | ||||||
16 | or deposition
may be taken, within or without the State, in | ||||||
17 | the same manner as is
provided for in the taking of | ||||||
18 | depositions in civil cases in circuit courts.
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19 | (4) Upon reasonable notice to the complainant and the | ||||||
20 | respondent,
the Department shall conduct a fact finding | ||||||
21 | conference prior to
365 days after the date on which the | ||||||
22 | charge was filed,
unless the Director has determined | ||||||
23 | whether there is substantial evidence
that the alleged | ||||||
24 | civil rights violation has been committed or the charge has
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25 | been dismissed for lack of jurisdiction. If the parties | ||||||
26 | agree in writing,
the fact finding conference may be held | ||||||
27 | at a time after the 365 day limit.
Any party's failure to | ||||||
28 | attend the conference without good cause
shall result in | ||||||
29 | dismissal or default. The term "good cause"
shall
be | ||||||
30 | defined by rule promulgated by the Department. A notice of | ||||||
31 | dismissal or
default shall be issued by the Director and | ||||||
32 | shall notify the relevant
party that a request for review | ||||||
33 | may be filed in writing with the Chief Legal
Counsel of the | ||||||
34 | Department
within 30 days of receipt of notice of dismissal | ||||||
35 | or default.
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36 | (D) Report.
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1 | (1) Each charge shall be the
subject of a
report to the | ||||||
2 | Director. The report shall be a confidential document
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3 | subject to review by the Director, authorized Department | ||||||
4 | employees, the
parties, and, where indicated by this Act, | ||||||
5 | members of the Commission or
their designated hearing | ||||||
6 | officers.
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7 | (2) Upon review of the report, the Director shall | ||||||
8 | determine whether
there is substantial evidence that the | ||||||
9 | alleged civil rights violation
has been committed.
The | ||||||
10 | determination of substantial evidence is limited to | ||||||
11 | determining the need
for further consideration of the | ||||||
12 | charge pursuant to this Act
and includes, but is not | ||||||
13 | limited to, findings of fact and conclusions, as well
as | ||||||
14 | the reasons for the determinations on all material issues | ||||||
15 | and questions of
credibility . Substantial evidence is | ||||||
16 | evidence which a reasonable mind accepts
as sufficient to | ||||||
17 | support a particular conclusion and which consists of more
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18 | than a mere scintilla but may be somewhat less than a | ||||||
19 | preponderance.
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20 | (a) If the Director determines that there is no | ||||||
21 | substantial
evidence, the charge shall be dismissed by | ||||||
22 | order of the
Director and the
complainant notified
that | ||||||
23 | he or she may seek review of the dismissal order before | ||||||
24 | the
Chief Legal Counsel of the Department. The | ||||||
25 | complainant
shall have 30 days from receipt of
notice
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26 | to file a request for review by the Chief Legal Counsel | ||||||
27 | of the Department.
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28 | (b) If the Director determines that there is | ||||||
29 | substantial evidence,
he or she shall designate a | ||||||
30 | Department employee who is an attorney
licensed to | ||||||
31 | practice in Illinois to endeavor to eliminate the | ||||||
32 | effect of
the alleged civil rights violation and to | ||||||
33 | prevent its repetition by
means of conference and | ||||||
34 | conciliation.
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35 | (E) Conciliation.
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36 | (1) When the Department determines that a formal
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1 | conciliation conference is necessary, the complainant and | ||||||
2 | respondent
shall be notified of the time and place of the | ||||||
3 | conference by registered
or certified mail at least 10 days | ||||||
4 | prior thereto and either or both
parties shall appear at | ||||||
5 | the conference in person or by attorney.
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6 | (2) The place fixed for the conference shall be within | ||||||
7 | 35 miles of
the place where the civil rights violation is | ||||||
8 | alleged to have been
committed.
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9 | (3) Nothing occurring at the conference shall be | ||||||
10 | disclosed by the
Department unless
the complainant and | ||||||
11 | respondent agree in writing that
such disclosure be made.
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12 | (F) Complaint.
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13 | (1) When there is a failure to settle or adjust any
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14 | charge through conciliation, the Department shall prepare | ||||||
15 | a
written complaint, under oath or affirmation, stating the | ||||||
16 | nature of the
civil rights violation substantially as | ||||||
17 | alleged in the charge previously
filed and the relief | ||||||
18 | sought on behalf of the aggrieved party.
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19 | (2) The complaint shall be filed with the Commission.
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20 | (G) Time Limit.
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21 | (1) When a charge of a civil rights violation has been
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22 | properly filed, the Department, within 365
days thereof or | ||||||
23 | within any
extension of that period agreed to in writing by | ||||||
24 | all parties, shall
either issue and file a complaint in the | ||||||
25 | manner and form set forth in
this Section or shall order | ||||||
26 | that no complaint be issued and dismiss the
charge with | ||||||
27 | prejudice without any further right to proceed except in | ||||||
28 | cases in
which the order was procured by fraud or duress. | ||||||
29 | Any such order
shall be duly served upon both the | ||||||
30 | complainant and the respondent.
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31 | (2) Between 365 and 395 days after the charge is filed, | ||||||
32 | or such longer
period agreed to in writing by all parties, | ||||||
33 | the
aggrieved party may file a complaint with the | ||||||
34 | Commission, if the Director
has not sooner issued a report | ||||||
35 | and determination pursuant to paragraphs
(D)(1)
and (D)(2) | ||||||
36 | of this Section.
The form of the complaint shall be in |
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1 | accordance with the provisions of
paragraph (F). The | ||||||
2 | aggrieved party shall notify the Department that a
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3 | complaint
has been filed and shall serve a copy of the | ||||||
4 | complaint on the Department
on the same date that the | ||||||
5 | complaint is filed with the Commission.
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6 | (3) If an aggrieved party files a complaint
with the
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7 | Human Rights Commission pursuant to paragraph (2) of this | ||||||
8 | subsection, or if
the time period for filing a complaint | ||||||
9 | has expired, the
Department shall immediately cease its | ||||||
10 | investigation and
dismiss the charge of civil rights | ||||||
11 | violation.
Any final order entered by the Chief Legal | ||||||
12 | Counsel under this Section is
appealable in accordance with | ||||||
13 | paragraph (A)(1) of Section 8-111.
Failure to immediately | ||||||
14 | cease an investigation and dismiss the charge of civil
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15 | rights violation as provided in this paragraph
(3) | ||||||
16 | constitutes grounds for entry of an order by the circuit | ||||||
17 | court permanently
enjoining the
investigation. The | ||||||
18 | Department may also be liable for any
costs and other | ||||||
19 | damages incurred by the respondent as a result of the | ||||||
20 | action of
the Department.
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21 | (4) The Department shall stay any administrative | ||||||
22 | proceedings
under this Section after the filing of a civil | ||||||
23 | action by or on behalf of the
aggrieved party under any | ||||||
24 | federal or State law seeking relief with respect to
the
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25 | alleged civil rights violation.
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26 | (H) This amendatory Act of 1995 applies to causes of action | ||||||
27 | filed on or
after January 1, 1996.
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28 | (I) This amendatory Act of 1996 applies to causes of action | ||||||
29 | filed on or
after January 1, 1996.
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30 | (Source: P.A. 89-370, eff. 8-18-95; 89-520, eff. 7-18-96.)
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31 | Section 99. Effective date. This Act takes effect upon | ||||||
32 | becoming law.
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