Judiciary I - Civil Law Committee
Filed: 3/14/2007
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1 | AMENDMENT TO HOUSE BILL 1509
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2 | AMENDMENT NO. ______. Amend House Bill 1509 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Human Rights Act is amended by | ||||||
5 | changing Sections 7A-102, 7A-103, 7B-102, 7B-103, 8-103, | ||||||
6 | 8-110, and 8-111 as follows:
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7 | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
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8 | Sec. 7A-102. Procedures.
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9 | (A) Charge.
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10 | (1) Within 180 days after the
date that a civil rights | ||||||
11 | violation allegedly has been committed, a
charge in writing | ||||||
12 | under oath or affirmation may be filed with the
Department | ||||||
13 | by an aggrieved party or issued by the Department itself
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14 | under the signature of the Director.
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15 | (2) The charge shall be in such detail as to | ||||||
16 | substantially apprise
any party properly concerned as to |
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1 | the time, place, and facts
surrounding the alleged civil | ||||||
2 | rights violation.
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3 | (A-1) Equal Employment Opportunity Commission Charges. A | ||||||
4 | charge filed with the Equal Employment Opportunity Commission | ||||||
5 | within 180 days after the date of the alleged civil rights | ||||||
6 | violation shall be deemed filed with the Department on the date | ||||||
7 | filed with the Equal Employment Opportunity Commission. Upon | ||||||
8 | receipt of a charge filed with the Equal Employment Opportunity | ||||||
9 | Commission, the Department shall notify the complainant that he | ||||||
10 | or she may proceed with the Department. The complainant must | ||||||
11 | notify the Department of his or her decision in writing within | ||||||
12 | 35 days of receipt of the Department's notice to the | ||||||
13 | complainant and the Department shall close the case if the | ||||||
14 | complainant does not do so. If the complainant proceeds with | ||||||
15 | the Department, the Department shall take no action until the | ||||||
16 | Equal Employment Opportunity Commission makes a determination | ||||||
17 | on the charge. Upon receipt of the Equal Employment Opportunity | ||||||
18 | Commission's determination, the Department shall cause the | ||||||
19 | charge to be filed under oath or affirmation and to be in such | ||||||
20 | detail as provided for under subparagraph (2) of paragraph (A). | ||||||
21 | At the Department's discretion, the Department shall either | ||||||
22 | adopt the Equal Employment Opportunity Commission's | ||||||
23 | determination or process the charge pursuant to this Act. | ||||||
24 | Adoption of the Equal Employment Opportunity Commission's | ||||||
25 | determination shall be deemed a determination by the Department | ||||||
26 | for all purposes under this Act.
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1 | (B) Notice , and Response to , and Review of Charge.
The | ||||||
2 | Department shall, within 10
days of the date on which the | ||||||
3 | charge
was filed, serve a copy of the charge on the respondent. | ||||||
4 | This period shall
not be construed to be jurisdictional. The | ||||||
5 | charging party and the respondent
may each file a position | ||||||
6 | statement and other materials with the Department
regarding the | ||||||
7 | charge of alleged discrimination within 60 days of receipt of | ||||||
8 | the
notice of the charge. The position statements and other | ||||||
9 | materials filed shall
remain confidential unless otherwise | ||||||
10 | agreed to by the party providing the
information and shall not | ||||||
11 | be served on or made available to the other
party during | ||||||
12 | pendency
of a charge with the Department. The Department
shall
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13 | require the respondent to file a verified response to
the | ||||||
14 | allegations contained in the charge within 60 days of receipt | ||||||
15 | of the
notice of the
charge. The respondent shall serve a copy
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16 | of its response on the
complainant or his representative. All | ||||||
17 | allegations contained in the charge
not timely denied by the | ||||||
18 | respondent shall be deemed admitted, unless the
respondent | ||||||
19 | states that it is without sufficient information to
form a | ||||||
20 | belief with respect to such allegation. The Department may | ||||||
21 | issue
a notice of default directed to any respondent who fails | ||||||
22 | to file a
verified response to a charge within 60 days of | ||||||
23 | receipt of the
notice of the charge,
unless the respondent can
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24 | demonstrate good cause as
to why such notice should not issue. | ||||||
25 | The term "good cause" shall be defined by rule promulgated by | ||||||
26 | the Department. Within 30 days of receipt
of the respondent's |
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1 | response, the complainant may file a
reply to
said response and
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2 | shall serve
a copy of said reply on the respondent or his | ||||||
3 | representative. A party
shall have the right to supplement his | ||||||
4 | response or reply at any time that
the investigation of the | ||||||
5 | charge is pending. The Department shall,
within 10 days of the | ||||||
6 | date on which the charge was filed,
and again no later than 335 | ||||||
7 | days thereafter,
send by certified or registered mail written | ||||||
8 | notice to the complainant
and to the respondent
informing the | ||||||
9 | complainant
of the complainant's right to either file a | ||||||
10 | complaint with the Human
Rights Commission or commence a civil | ||||||
11 | action in the appropriate circuit court
under subparagraph (2) | ||||||
12 | of paragraph (G), including in such notice the dates
within | ||||||
13 | which the complainant may exercise this right.
In the notice | ||||||
14 | the Department shall notify the complainant that the
charge of | ||||||
15 | civil rights violation will be dismissed with prejudice and | ||||||
16 | with no
right to further proceed if a written complaint is not | ||||||
17 | timely filed with
the Commission or with the appropriate | ||||||
18 | circuit court by the complainant pursuant to subparagraph (2) | ||||||
19 | of paragraph (G)
or by the Department pursuant to subparagraph | ||||||
20 | (1) of paragraph (G).
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21 | (B-1) Mediation. The complainant and respondent may agree | ||||||
22 | to voluntarily
submit the charge
to mediation without waiving | ||||||
23 | any rights that are otherwise available to
either party | ||||||
24 | pursuant to this Act and without incurring any obligation to
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25 | accept the result of the mediation process. Nothing occurring | ||||||
26 | in mediation
shall
be disclosed by the Department or admissible |
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1 | in evidence in any subsequent
proceeding unless the complainant | ||||||
2 | and the respondent agree in writing that such
disclosure be | ||||||
3 | made.
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4 | (C) Investigation.
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5 | (1) After the respondent has been notified, the
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6 | Department shall conduct a full investigation of the | ||||||
7 | allegations set
forth in the charge.
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8 | (2) The Director or his or her designated | ||||||
9 | representatives shall have
authority to request any member | ||||||
10 | of the Commission to issue subpoenas to
compel the | ||||||
11 | attendance of a witness or the production for
examination | ||||||
12 | of any books, records or documents whatsoever.
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13 | (3) If any witness whose testimony is required for any | ||||||
14 | investigation
resides outside the State, or through | ||||||
15 | illness or any other good cause as
determined by the | ||||||
16 | Director is unable to be interviewed by the investigator
or | ||||||
17 | appear at a fact finding conference, his or her testimony | ||||||
18 | or deposition
may be taken, within or without the State, in | ||||||
19 | the same manner as is
provided for in the taking of | ||||||
20 | depositions in civil cases in circuit courts.
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21 | (4) Upon reasonable notice to the complainant and the | ||||||
22 | respondent,
the Department shall conduct a fact finding | ||||||
23 | conference prior to
365 days after the date on which the | ||||||
24 | charge was filed,
unless the Director has determined | ||||||
25 | whether there is substantial evidence
that the alleged | ||||||
26 | civil rights violation has been committed or the charge has
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1 | been dismissed for lack of jurisdiction. If the parties | ||||||
2 | agree in writing,
the fact finding conference may be held | ||||||
3 | at a time after the 365 day limit.
Any party's failure to | ||||||
4 | attend the conference without good cause
shall result in | ||||||
5 | dismissal or default. The term "good cause"
shall
be | ||||||
6 | defined by rule promulgated by the Department. A notice of | ||||||
7 | dismissal or
default shall be issued by the Director and | ||||||
8 | shall notify the relevant
party that a request for review | ||||||
9 | may be filed in writing with the Commission
Chief Legal
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10 | Counsel of the Department
within 30 days of receipt of | ||||||
11 | notice of dismissal or default.
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12 | (D) Report.
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13 | (1) Each charge shall be the
subject of a
report to the | ||||||
14 | Director. The report shall be a confidential document
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15 | subject to review by the Director, authorized Department | ||||||
16 | employees, the
parties, and, where indicated by this Act, | ||||||
17 | members of the Commission or
their designated hearing | ||||||
18 | officers.
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19 | (2) Upon review of the report, the Director shall | ||||||
20 | determine whether
there is substantial evidence that the | ||||||
21 | alleged civil rights violation
has been committed.
The | ||||||
22 | determination of substantial evidence is limited to | ||||||
23 | determining the need
for further consideration of the | ||||||
24 | charge pursuant to this Act
and includes, but is not | ||||||
25 | limited to, findings of fact and conclusions, as well
as | ||||||
26 | the reasons for the determinations on all material issues. |
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1 | Substantial evidence is evidence which a reasonable mind | ||||||
2 | accepts
as sufficient to support a particular conclusion | ||||||
3 | and which consists of more
than a mere scintilla but may be | ||||||
4 | somewhat less than a preponderance.
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5 | (3)
(a) If the Director determines
that there is no | ||||||
6 | substantial
evidence, the charge shall be dismissed by | ||||||
7 | order of the
Director and the Director shall give the
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8 | complainant notice of his or her right to
notified
that he | ||||||
9 | or she may seek review of the dismissal order before the
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10 | Commission or commence a civil action in the appropriate | ||||||
11 | circuit court. If the complainant chooses to have the Human | ||||||
12 | Rights Commission review the dismissal order, he or she | ||||||
13 | shall file a request for review with the Commission within | ||||||
14 | 30 days after receipt of the Director's notice. If the | ||||||
15 | complainant chooses to file a request for review with the | ||||||
16 | Commission, he or she may not later commence a civil action | ||||||
17 | in a circuit court. If the complainant chooses to commence | ||||||
18 | a civil action in a circuit court, he or she must do so | ||||||
19 | within 90 days after receipt of the Director's notice
Chief | ||||||
20 | Legal Counsel of the Department. The complainant
shall have | ||||||
21 | 30 days from receipt of
notice
to file a request for review | ||||||
22 | by the
Chief Legal Counsel of the Department .
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23 | (4) If the Director determines that there is | ||||||
24 | substantial evidence, he or she shall notify the | ||||||
25 | complainant and respondent of that determination. The | ||||||
26 | Director shall also notify the parties that the complainant |
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1 | has the right to either commence a civil action in the | ||||||
2 | appropriate circuit court or request that the Department of | ||||||
3 | Human Rights file a complaint with the Human Rights | ||||||
4 | Commission on his or her behalf. Any such complaint shall | ||||||
5 | be filed within 90 days after receipt of the Director's | ||||||
6 | notice. If the complainant chooses to have the Department | ||||||
7 | file a complaint with the Human Rights Commission on his or | ||||||
8 | her behalf, the complainant must, within 14 days after | ||||||
9 | receipt of the Director's notice, request in writing that | ||||||
10 | the Department file the complaint. If the complainant | ||||||
11 | timely requests that the Department file the complaint, the | ||||||
12 | Department shall file the complaint on his or her behalf. | ||||||
13 | If the Complainant fails to timely request that the | ||||||
14 | Department file the complaint, the complainant may only | ||||||
15 | commence a civil action in the appropriate circuit court.
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16 | (E) Conciliation.
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17 |
(1) When
(b) If the Director determines that there is | ||||||
18 | a finding of substantial evidence, the Department may
he or | ||||||
19 | she shall designate a Department employee who is an | ||||||
20 | attorney
licensed to practice in Illinois to endeavor to | ||||||
21 | eliminate the effect of
the alleged civil rights violation | ||||||
22 | and to prevent its repetition by
means of conference and | ||||||
23 | conciliation.
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24 | (E) Conciliation.
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25 | (2)
(1) When the Department determines that a formal
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26 | conciliation conference is necessary, the complainant and |
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1 | respondent
shall be notified of the time and place of the | ||||||
2 | conference by registered
or certified mail at least 10 days | ||||||
3 | prior thereto and either or both
parties shall appear at | ||||||
4 | the conference in person or by attorney.
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5 | (3)
(2) The place fixed for the conference shall be | ||||||
6 | within 35 miles of
the place where the civil rights | ||||||
7 | violation is alleged to have been
committed.
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8 | (4)
(3) Nothing occurring at the conference shall be | ||||||
9 | disclosed by the
Department unless
the complainant and | ||||||
10 | respondent agree in writing that
such disclosure be made.
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11 | (5) The Department's efforts to conciliate the matter | ||||||
12 | shall not stay or extend the time for filing the complaint | ||||||
13 | with the Commission or the circuit court.
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14 | (F) Complaint.
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15 | (1) When the complainant requests that the Department | ||||||
16 | file a complaint with the Commission on his or her behalf
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17 | there is a failure to settle or adjust any
charge through | ||||||
18 | conciliation , the Department shall prepare a
written | ||||||
19 | complaint, under oath or affirmation, stating the nature of | ||||||
20 | the
civil rights violation substantially as alleged in the | ||||||
21 | charge previously
filed and the relief sought on behalf of | ||||||
22 | the aggrieved party. The Department shall file the | ||||||
23 | complaint with the Commission.
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24 | (2) If the complainant chooses to commence a civil | ||||||
25 | action in a circuit court, he or she must do so in the | ||||||
26 | circuit court in the county wherein the civil rights |
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1 | violation was allegedly committed. The form of the | ||||||
2 | complaint in any such civil action shall be in accordance | ||||||
3 | with the Illinois Code of Civil Procedure
The complaint | ||||||
4 | shall be filed with the Commission .
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5 | (G) Time Limit.
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6 | (1) When a charge of a civil rights violation has been
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7 | properly filed, the Department, within 365
days thereof or | ||||||
8 | within any
extension of that period agreed to in writing by | ||||||
9 | all parties, shall issue its report as required by | ||||||
10 | subparagraph (D)
either issue and file a complaint in the | ||||||
11 | manner and form set forth in
this Section or shall order | ||||||
12 | that no complaint be issued and dismiss the
charge with | ||||||
13 | prejudice without any further right to proceed except in | ||||||
14 | cases in
which the order was procured by fraud or duress . | ||||||
15 | Any such report
order
shall be duly served upon both the | ||||||
16 | complainant and the respondent.
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17 | (2) If the Department has not issued its report within | ||||||
18 | 365 days after the charge is filed, or any such longer | ||||||
19 | period agreed to in writing by all the parties, the | ||||||
20 | complainant shall have 90 days to either file his or her | ||||||
21 | own complaint with the Human Rights Commission or commence | ||||||
22 | a civil action in the appropriate circuit court. If the | ||||||
23 | complainant files a complaint with the Commission, the
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24 | Between 365 and 395 days after the charge is filed, or such | ||||||
25 | longer
period agreed to in writing by all parties, the
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26 | aggrieved party may file a complaint with the Commission, |
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1 | if the Director
has not sooner issued a report and | ||||||
2 | determination pursuant to paragraphs
(D)(1)
and (D)(2) of | ||||||
3 | this Section.
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 | Illinois Code of Civil Procedure. The aggrieved party shall | ||||||
8 | notify the Department that a
complaint
has been filed and | ||||||
9 | shall serve a copy of the complaint on the Department
on | ||||||
10 | the same date that the complaint is filed with the | ||||||
11 | Commission or in circuit court. If the complainant files a | ||||||
12 | complaint with the Commission, he or she may not later | ||||||
13 | commence a civil action in circuit court .
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14 | (3) If an aggrieved party files a complaint
with the
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15 | Human Rights Commission or commences a civil action in | ||||||
16 | circuit court pursuant to paragraph (2) of this subsection, | ||||||
17 | or if
the time period for filing a complaint has expired, | ||||||
18 | the
Department shall immediately cease its investigation | ||||||
19 | and
dismiss the charge of civil rights violation.
Any final | ||||||
20 | order entered by the Commission
Chief Legal Counsel under | ||||||
21 | this Section is
appealable in accordance with paragraph | ||||||
22 | (B)(1)
(A)(1) of Section 8-111.
Failure to immediately | ||||||
23 | cease an investigation and dismiss the charge of civil
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24 | rights violation as provided in this paragraph
(3) | ||||||
25 | constitutes grounds for entry of an order by the circuit | ||||||
26 | court permanently
enjoining the
investigation. The |
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1 | Department may also be liable for any
costs and other | ||||||
2 | damages incurred by the respondent as a result of the | ||||||
3 | action of
the Department.
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4 | (4) The Department shall stay any administrative | ||||||
5 | proceedings
under this Section after the filing of a civil | ||||||
6 | action by or on behalf of the
aggrieved party under any | ||||||
7 | federal or State law seeking relief with respect to
the
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8 | alleged civil rights violation.
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9 | (H) This amendatory Act of 1995 applies to causes of action | ||||||
10 | filed on or
after January 1, 1996.
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11 | (I) This amendatory Act of 1996 applies to causes of action | ||||||
12 | filed on or
after January 1, 1996.
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13 | (J) The changes made to this Section by this amendatory Act | ||||||
14 | of the 95th General Assembly apply to charges filed on or
after | ||||||
15 | the effective date of those changes.
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16 | (Source: P.A. 94-146, eff. 7-8-05; 94-326, eff. 7-26-05; | ||||||
17 | 94-857, eff. 6-15-06.)
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18 | (775 ILCS 5/7A-103) (from Ch. 68, par. 7A-103)
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19 | Sec. 7A-103. Settlement.
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20 | (A) Circumstances. A settlement of any
charge prior to the | ||||||
21 | filing of a complaint may be
effectuated at any time upon | ||||||
22 | agreement of the
parties and the approval of the Department.
A | ||||||
23 | settlement of any charge after the filing of a complaint shall | ||||||
24 | be
effectuated as specified in Section 8-105(A)(2) of this Act.
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25 | (B) Form. Settlements of charges prior to the filing of
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1 | complaints shall be reduced to writing by the
Department, | ||||||
2 | signed by the parties, and submitted by the Department to
the | ||||||
3 | Commission for approval.
Settlements of charges after the | ||||||
4 | filing of complaints shall be
effectuated as specified in | ||||||
5 | Section 8-105(A)(2) of this Act.
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6 | (C) Violation.
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7 | (1) When either party alleges that a settlement
order | ||||||
8 | has been violated, the Department shall conduct an | ||||||
9 | investigation
into the matter.
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10 | (2) Upon finding substantial evidence to demonstrate | ||||||
11 | that a
settlement has been violated, the Department shall | ||||||
12 | file notice of a
settlement order violation with the | ||||||
13 | Commission and serve all parties.
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14 | (D) Dismissal For Refusal To Accept Settlement Offer. The
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15 | Department shall dismiss a charge if it is satisfied that:
| ||||||
16 | (1) the respondent has eliminated the effects of the
| ||||||
17 | civil rights violation charged and taken steps to prevent | ||||||
18 | its repetition;
or
| ||||||
19 | (2) the respondent offers and the complainant declines | ||||||
20 | to accept
terms of settlement which the Department finds | ||||||
21 | are sufficient to
eliminate the effects of the civil rights | ||||||
22 | violation charged and prevent
its repetition.
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23 | When the Department dismisses a charge under this Section
| ||||||
24 | it
shall notify the complainant that he or she may seek review | ||||||
25 | of the
dismissal order before the Commission
Chief Legal | ||||||
26 | Counsel of the Department . The
complainant shall have 30
days |
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1 | from receipt of notice to file a request for review by the | ||||||
2 | Commission
Chief Legal
Counsel of the Department .
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3 | In determining whether the respondent has eliminated the
| ||||||
4 | effects
of the civil rights violation charged, or has offered | ||||||
5 | terms of settlement
sufficient to eliminate same, the | ||||||
6 | Department shall consider the extent to
which the respondent | ||||||
7 | has either fully provided, or reasonably offered by way
of | ||||||
8 | terms of settlement, as the case may be, the relevant relief | ||||||
9 | available
to the complainant under Section 8-108 of this Act.
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10 | (E) This amendatory Act of 1995 applies to causes of action | ||||||
11 | filed on or
after January 1, 1996.
| ||||||
12 | (F) The changes made to this Section by this amendatory Act | ||||||
13 | of the 95th General Assembly apply to charges filed on or
after | ||||||
14 | the effective date of those changes.
| ||||||
15 | (Source: P.A. 91-357, eff. 7-29-99.)
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16 | (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
| ||||||
17 | Sec. 7B-102. Procedures.
| ||||||
18 | (A) Charge.
| ||||||
19 | (1) Within one year after the
date that a civil rights | ||||||
20 | violation allegedly has been committed or terminated,
a | ||||||
21 | charge in writing under oath or affirmation may be filed | ||||||
22 | with the
Department by an aggrieved party or issued by the | ||||||
23 | Department itself
under the signature of the Director.
| ||||||
24 | (2) The charge shall be in such detail as to | ||||||
25 | substantially apprise
any party properly concerned as to |
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| |||||||
1 | the time, place, and facts
surrounding the alleged civil | ||||||
2 | rights violation.
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3 | (B) Notice and Response to Charge.
| ||||||
4 | (1) The Department shall serve
notice upon the | ||||||
5 | aggrieved party acknowledging such charge and advising the
| ||||||
6 | aggrieved party of the time limits and choice of forums | ||||||
7 | provided under this
Act. The Department shall, within 10 | ||||||
8 | days of the date on which the charge
was filed or the | ||||||
9 | identification of an additional respondent under paragraph
| ||||||
10 | (2) of this subsection, serve on the respondent a copy of | ||||||
11 | the charge along with a notice
identifying the alleged | ||||||
12 | civil rights violation and advising the
respondent of the | ||||||
13 | procedural rights and obligations of respondents under
| ||||||
14 | this Act and shall require the respondent to file a | ||||||
15 | verified response to
the allegations contained in the | ||||||
16 | charge within 30 days. The respondent
shall serve a copy of | ||||||
17 | its response on the complainant or his
representative. All | ||||||
18 | allegations contained in the charge
not timely denied by | ||||||
19 | the respondent shall be deemed admitted, unless the
| ||||||
20 | respondent states that it is without sufficient | ||||||
21 | information to
form a belief with respect to such | ||||||
22 | allegation. The Department may issue
a notice of default | ||||||
23 | directed to any respondent who fails to file a verified
| ||||||
24 | response to a charge within 30 days of the date on which | ||||||
25 | the charge was
filed, unless the respondent can demonstrate | ||||||
26 | good cause as
to why such notice should not issue. The term |
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| |||||||
1 | "good cause" shall be defined by rule promulgated by the | ||||||
2 | Department. Within 10 days of the date he
receives the | ||||||
3 | respondent's response, the complainant may file his reply | ||||||
4 | to
said response. If he chooses to file a reply, the | ||||||
5 | complainant shall serve
a copy of said reply on the | ||||||
6 | respondent or his representative. A party
shall have the | ||||||
7 | right to supplement his response or reply at any time that
| ||||||
8 | the investigation of the charge is pending.
| ||||||
9 | (2) A person who is not named as a respondent in a | ||||||
10 | charge, but who is
identified as a respondent in the course | ||||||
11 | of investigation, may be joined as
an additional or | ||||||
12 | substitute respondent upon written notice, under | ||||||
13 | subsection
(B), to such person, from the Department.
Such | ||||||
14 | notice, in addition to meeting the requirements of | ||||||
15 | subsections (A)
and (B), shall explain the basis for the | ||||||
16 | Department's belief that a person
to whom the notice is | ||||||
17 | addressed is properly joined as a respondent.
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18 | (C) Investigation.
| ||||||
19 | (1) The Department shall conduct a full investigation
| ||||||
20 | of the allegations set forth in the charge and complete | ||||||
21 | such investigation
within 100 days after the filing of the | ||||||
22 | charge, unless it is impracticable to
do so. The | ||||||
23 | Department's failure to complete the investigation within | ||||||
24 | 100 days after the proper filing of the charge does not | ||||||
25 | deprive the Department of jurisdiction over the charge.
| ||||||
26 | (2) If the Department is unable to complete the |
| |||||||
| |||||||
1 | investigation within 100
days after the charge is filed, | ||||||
2 | the Department shall notify the complainant
and respondent | ||||||
3 | in writing of the reasons for not doing so.
| ||||||
4 | (3) The Director or his or her designated | ||||||
5 | representative 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 | (4) 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
or | ||||||
13 | appear at a fact finding conference, his or her testimony | ||||||
14 | or deposition
may be taken, within or without the State, in | ||||||
15 | the same manner as
provided for in the taking of | ||||||
16 | depositions in civil cases in circuit courts.
| ||||||
17 | (5) Upon reasonable notice to the complainant and the | ||||||
18 | respondent,
the Department shall conduct a fact finding | ||||||
19 | conference, unless prior to
100 days from the date on which | ||||||
20 | the charge was filed, the Director has
determined whether | ||||||
21 | there is substantial evidence that the alleged civil
rights | ||||||
22 | violation has been committed. A party's failure to attend | ||||||
23 | the
conference
without good cause may result in dismissal | ||||||
24 | or default. A notice of dismissal
or default shall be | ||||||
25 | issued by the Director and shall notify the relevant
party | ||||||
26 | that a request for review may be filed in writing with the |
| |||||||
| |||||||
1 | Commission
Chief Legal
Counsel of the Department
within 30 | ||||||
2 | days of receipt of notice of dismissal or default.
| ||||||
3 | (D) Report.
| ||||||
4 | (1) Each investigated charge shall be the subject of a
| ||||||
5 | report to the Director. The report shall be a confidential | ||||||
6 | document
subject to review by the Director, authorized | ||||||
7 | Department employees, the
parties, and, where indicated by | ||||||
8 | this Act, members of the Commission or
their designated | ||||||
9 | hearing officers.
| ||||||
10 | The report shall contain:
| ||||||
11 | (a) the names and dates of contacts with witnesses;
| ||||||
12 | (b) a summary and the date of correspondence and | ||||||
13 | other contacts with the
aggrieved party and the | ||||||
14 | respondent;
| ||||||
15 | (c) a summary description of other pertinent | ||||||
16 | records;
| ||||||
17 | (d) a summary of witness statements; and
| ||||||
18 | (e) answers to questionnaires.
| ||||||
19 | A final report under this paragraph may be amended if | ||||||
20 | additional evidence
is later discovered.
| ||||||
21 | (2) Upon review of the report and within 100 days of | ||||||
22 | the filing of the
charge, unless it is impracticable
to do | ||||||
23 | so, the Director shall determine whether there is | ||||||
24 | substantial
evidence that the alleged civil rights | ||||||
25 | violation has been committed or is
about to be committed.
| ||||||
26 | If the Director is unable to make the determination within |
| |||||||
| |||||||
1 | 100 days after
the filing of the charge, the Director shall | ||||||
2 | notify the complainant and
respondent in writing of the | ||||||
3 | reasons for not doing so. The Director's failure to make | ||||||
4 | the determination within 100 days after the proper filing | ||||||
5 | of the charge does not deprive the Department of | ||||||
6 | jurisdiction over the charge.
| ||||||
7 | (a) If the Director determines that there is no | ||||||
8 | substantial
evidence, the charge shall be dismissed | ||||||
9 | and the aggrieved party notified
that he or she may | ||||||
10 | seek review of the dismissal order before the
| ||||||
11 | Commission. The aggrieved party shall have 30 days from | ||||||
12 | receipt of notice
to file a request for review by the | ||||||
13 | Commission
Chief Legal Counsel of the Department . The
| ||||||
14 | Director shall make
public disclosure of each such | ||||||
15 | dismissal.
| ||||||
16 | (b) If the Director determines that there is | ||||||
17 | substantial evidence, he or
she shall immediately | ||||||
18 | issue a complaint on behalf of the aggrieved party
| ||||||
19 | pursuant to subsection (F).
| ||||||
20 | (E) Conciliation.
| ||||||
21 | (1) During the period beginning with the filing of
| ||||||
22 | charge and ending with the filing of a complaint or a | ||||||
23 | dismissal by the
Department, the Department shall, to the | ||||||
24 | extent feasible, engage in
conciliation with respect to | ||||||
25 | such charge.
| ||||||
26 | When the Department determines that a formal
|
| |||||||
| |||||||
1 | conciliation conference is feasible, the aggrieved party | ||||||
2 | and respondent
shall be notified of the time and place of | ||||||
3 | the conference by registered
or certified mail at least 7 | ||||||
4 | days prior thereto and either or both
parties shall appear | ||||||
5 | at the conference in person or by attorney.
| ||||||
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.
| ||||||
9 | (3) Nothing occurring at the conference shall be made | ||||||
10 | public or used as
evidence in a subsequent proceeding for | ||||||
11 | the purpose of proving a violation
under this Act unless | ||||||
12 | the complainant and respondent agree in writing that
such | ||||||
13 | disclosure be made.
| ||||||
14 | (4) A conciliation agreement arising out of such | ||||||
15 | conciliation shall be
an agreement between the respondent | ||||||
16 | and the complainant, and shall be
subject to approval by | ||||||
17 | the Department and Commission.
| ||||||
18 | (5) A conciliation agreement may provide for binding | ||||||
19 | arbitration of the
dispute arising from the charge. Any | ||||||
20 | such arbitration that results from a
conciliation | ||||||
21 | agreement may award appropriate relief, including monetary | ||||||
22 | relief.
| ||||||
23 | (6) Each conciliation agreement shall be made public | ||||||
24 | unless the
complainant and respondent otherwise agree and | ||||||
25 | the Department determines
that disclosure is not required | ||||||
26 | to further the purpose of this Act.
|
| |||||||
| |||||||
1 | (F) Complaint.
| ||||||
2 | (1) When there is a failure to settle or adjust any
| ||||||
3 | charge through a conciliation conference and the charge is | ||||||
4 | not dismissed,
the Department shall prepare a
written | ||||||
5 | complaint, under oath or affirmation, stating the nature of | ||||||
6 | the
civil rights violation and the relief sought on behalf | ||||||
7 | of the aggrieved
party. Such complaint shall be based on | ||||||
8 | the final investigation report and
need not be limited to | ||||||
9 | the facts or grounds alleged in the charge filed
under | ||||||
10 | subsection (A).
| ||||||
11 | (2) The complaint shall be filed with the Commission.
| ||||||
12 | (3) The Department may not issue a complaint under this | ||||||
13 | Section
regarding an alleged civil rights violation after | ||||||
14 | the beginning of
the trial of a civil action commenced by | ||||||
15 | the aggrieved party under any
State or federal law, seeking | ||||||
16 | relief with respect to that alleged civil rights
violation.
| ||||||
17 | (G) Time Limit.
| ||||||
18 | (1) When a charge of a civil rights violation has been
| ||||||
19 | properly filed, the Department, within 100 days thereof, | ||||||
20 | unless it is
impracticable to do so,
shall either issue and | ||||||
21 | file a complaint in the manner and form set forth in
this | ||||||
22 | Section or shall order that no complaint be issued. Any | ||||||
23 | such order
shall be duly served upon both the aggrieved | ||||||
24 | party and the respondent. The Department's failure to | ||||||
25 | either issue and file a complaint or order that no | ||||||
26 | complaint be issued within 100 days after the proper filing |
| |||||||
| |||||||
1 | of the charge does not deprive the Department of | ||||||
2 | jurisdiction over the charge.
| ||||||
3 | (2) The Director shall make available to the aggrieved | ||||||
4 | party
and the respondent, at any time, upon request | ||||||
5 | following completion of the
Department's investigation, | ||||||
6 | information derived from an investigation and
any final | ||||||
7 | investigative report relating to that investigation.
| ||||||
8 | (H) This amendatory Act of 1995 applies to causes of action | ||||||
9 | filed on or
after
January 1, 1996.
| ||||||
10 | (I) The changes made to this Section by this amendatory Act | ||||||
11 | of the 95th General Assembly apply to charges filed on or
after | ||||||
12 | the effective date of those changes. | ||||||
13 | (Source: P.A. 94-326, eff. 7-26-05; 94-857, eff. 6-15-06.)
| ||||||
14 | (775 ILCS 5/7B-103) (from Ch. 68, par. 7B-103)
| ||||||
15 | Sec. 7B-103. Settlement.
| ||||||
16 | (A) Circumstances. A settlement of any
charge prior to the | ||||||
17 | filing of a complaint may be
effectuated at any time upon | ||||||
18 | agreement of the
parties and the approval of the Department.
A | ||||||
19 | settlement of any charge after the filing of complaint shall be
| ||||||
20 | effectuated as specified in Section 8-105 (A) (2) of this Act.
| ||||||
21 | (B) Form. Settlements of charges prior to the filing of
| ||||||
22 | complaints shall be reduced to writing by the
Department, | ||||||
23 | signed by the parties, and submitted by the Department to
the | ||||||
24 | Commission for approval.
Settlements of charges after the | ||||||
25 | filing of complaints shall be
effectuated as specified in |
| |||||||
| |||||||
1 | Section 8-105 (A) (2) of this Act.
| ||||||
2 | (C) Violation.
| ||||||
3 | (1) When either party alleges that a settlement
order | ||||||
4 | has been violated, the Department shall conduct an | ||||||
5 | investigation
into the matter.
| ||||||
6 | (2) Upon finding substantial evidence to demonstrate | ||||||
7 | that a
settlement has been violated, the Department shall
| ||||||
8 | refer the matter to the Attorney General for enforcement in | ||||||
9 | the circuit
court in which the respondent or complainant | ||||||
10 | resides or transacts business
or in which the alleged | ||||||
11 | violation took place.
| ||||||
12 | (D) Dismissal For Refusal To Accept Settlement Offer. The
| ||||||
13 | Department may dismiss a charge if it is satisfied that:
| ||||||
14 | (1) the respondent has eliminated the effects of the
| ||||||
15 | civil rights violation charged and taken steps to prevent | ||||||
16 | its repetition;
or
| ||||||
17 | (2) the respondent offers and the aggrieved party | ||||||
18 | declines to accept
terms of settlement which the Department | ||||||
19 | finds are sufficient to
eliminate the effects of the civil | ||||||
20 | rights violation charged and prevent
its repetition.
| ||||||
21 | (3) When the Department dismisses a charge under this | ||||||
22 | Section it
shall notify the complainant that he or she may | ||||||
23 | seek review of the
dismissal order before the Commission. | ||||||
24 | The aggrieved party shall have 30
days from receipt of | ||||||
25 | notice to file a request for review by the Commission
Chief | ||||||
26 | Legal
Counsel of the Department .
|
| |||||||
| |||||||
1 | (4) In determining whether the respondent has | ||||||
2 | eliminated the effects
of the civil rights violation | ||||||
3 | charged, or has offered terms of settlement
sufficient to | ||||||
4 | eliminate same, the Department shall consider the extent to
| ||||||
5 | which the respondent has either fully provided, or | ||||||
6 | reasonably offered by way
of terms of settlement, as the | ||||||
7 | case may be, the relevant relief available
to the aggrieved | ||||||
8 | party under Section 8B-104 of this Act with the exception
| ||||||
9 | of civil penalties.
| ||||||
10 | (E) This amendatory Act of 1995 applies to causes of action | ||||||
11 | filed on or
after January 1, 1996.
| ||||||
12 | (F) The changes made to this Section by this amendatory Act | ||||||
13 | of the 95th General Assembly apply to charges filed on or
after | ||||||
14 | the effective date of those changes. | ||||||
15 | (Source: P.A. 89-370, eff. 8-18-95.)
| ||||||
16 | (775 ILCS 5/8-103) (from Ch. 68, par. 8-103)
| ||||||
17 | Sec. 8-103. Request for Review.
| ||||||
18 | (A) Applicability. This Section does not apply to any cause | ||||||
19 | of action
filed on or after January 1, 1996.
| ||||||
20 | (A-1) Jurisdiction. The Commission,
through a panel of | ||||||
21 | three members, shall have jurisdiction to hear and
determine | ||||||
22 | requests for review of (1) decisions of the Department to | ||||||
23 | dismiss
a charge; and (2) notices of default issued by the | ||||||
24 | Department.
| ||||||
25 | In each instance, the Department shall be the respondent.
|
| |||||||
| |||||||
1 | (B) Review. When a request for review is properly filed, | ||||||
2 | the Commission
may consider the Department's report, any | ||||||
3 | argument and supplemental evidence
timely submitted, and the | ||||||
4 | results of any additional investigation conducted by
the
| ||||||
5 | Department in response to the request. In its discretion, the | ||||||
6 | Commission
may designate a hearing officer to conduct a hearing | ||||||
7 | into the factual basis
of the matter at issue.
| ||||||
8 | (C) Default Order. When a respondent fails to file a timely | ||||||
9 | request
for review of a notice of default, or the default is | ||||||
10 | sustained on review,
the Commission shall enter a default order | ||||||
11 | and set a hearing on damages.
| ||||||
12 | (D) Time Period Toll. Proceedings on requests for review | ||||||
13 | shall toll
the time limitation established in paragraph (G) of | ||||||
14 | Section 7A-102 from
the date on which the Department's notice | ||||||
15 | of dismissal or default is issued
to the date
on which the | ||||||
16 | Commission's order is entered.
| ||||||
17 | (E) The changes made to this Section by this amendatory Act | ||||||
18 | of the 95th General Assembly apply to charges or complaints | ||||||
19 | filed with the Department or Commission on or
after the | ||||||
20 | effective date of those changes. | ||||||
21 | (Source: P.A. 89-370, eff. 8-18-95.)
| ||||||
22 | (775 ILCS 5/8-110) (from Ch. 68, par. 8-110)
| ||||||
23 | Sec. 8-110. Publication of Opinions. Decisions of the | ||||||
24 | Commission or panels
thereof , whether on requests for review or
| ||||||
25 | complaints , shall be
published
within 120 calendar days of the |
| |||||||
| |||||||
1 | completion of service of the written
decision on the parties to | ||||||
2 | ensure
assure a consistent source of precedent.
| ||||||
3 | This amendatory Act of 1995 applies to causes of action | ||||||
4 | filed on or after
January 1, 1996.
| ||||||
5 | The changes made to this Section by this amendatory Act of | ||||||
6 | the 95th General Assembly apply to decisions of the Commission | ||||||
7 | entered on or
after the effective date of those changes. | ||||||
8 | (Source: P.A. 89-370, eff. 8-18-95.)
| ||||||
9 | (775 ILCS 5/8-111) (from Ch. 68, par. 8-111)
| ||||||
10 | Sec. 8-111. Court Proceedings.
| ||||||
11 | (A) Civil Actions Commenced in Circuit Court. | ||||||
12 | (1) Venue. Civil actions commenced in a circuit court | ||||||
13 | pursuant to Section 7A-102 shall be commenced in the | ||||||
14 | circuit court in the county in which the civil rights | ||||||
15 | violation was allegedly committed. | ||||||
16 | (2) If a civil action is commenced in a circuit court, | ||||||
17 | the form of the complaint shall be in accordance with the | ||||||
18 | Code of Civil Procedure. | ||||||
19 | (3) If a civil action is commenced in a circuit court | ||||||
20 | under Section 7A-102, the plaintiff or defendant may demand | ||||||
21 | trial by jury. | ||||||
22 | (4) Remedies. Upon the finding of a civil rights | ||||||
23 | violation, the circuit court or jury may award any of the | ||||||
24 | remedies set forth in Section 8A-104. | ||||||
25 | (B)
(A) (1) Judicial Review. |
| |||||||
| |||||||
1 | (1) Any
complainant or respondent may apply for and | ||||||
2 | obtain judicial review of a
any
final order of the | ||||||
3 | Commission entered under this Act by filing
a petition
for | ||||||
4 | review in the Appellate Court within 35 days from the date | ||||||
5 | that a copy of
the decision sought to be reviewed was | ||||||
6 | served upon the party affected by the
decision.
If a | ||||||
7 | 3-member panel or the full Commission finds that an | ||||||
8 | interlocutory
order involves a question of law as to which | ||||||
9 | there is substantial ground for
difference of opinion and | ||||||
10 | that an immediate appeal from the order may
materially | ||||||
11 | advance the ultimate termination of the litigation, any | ||||||
12 | party may
petition the Appellate Court for permission to | ||||||
13 | appeal the order. The procedure
for obtaining the required | ||||||
14 | Commission findings and the permission of the
Appellate | ||||||
15 | Court shall be governed by Supreme Court Rule 308, except | ||||||
16 | the
references to the "trial court" shall be understood as | ||||||
17 | referring to the
Commission.
| ||||||
18 | (2) In any proceeding brought for judicial review, the
| ||||||
19 | Commission's findings
of fact made at the administrative | ||||||
20 | level shall be sustained unless the
court determines that | ||||||
21 | such findings
are contrary to the manifest weight of the | ||||||
22 | evidence.
| ||||||
23 | (3) Venue. Proceedings for judicial review shall be | ||||||
24 | commenced in the
appellate court for the district wherein | ||||||
25 | the civil rights violation which is the subject of the | ||||||
26 | Commission's order was
allegedly committed.
|
| |||||||
| |||||||
1 | (C)
(B) Judicial Enforcement.
| ||||||
2 | (1) When the Commission, at the instance of
the | ||||||
3 | Department or an aggrieved party, concludes that any person | ||||||
4 | has violated
a valid order of the Commission issued | ||||||
5 | pursuant to this Act, and the violation
and its effects are | ||||||
6 | not promptly corrected, the Commission, through a panel
of | ||||||
7 | 3 members, shall order the Department to commence an action | ||||||
8 | in the name
of the People of the State of Illinois by | ||||||
9 | complaint, alleging the violation,
attaching a copy of the
| ||||||
10 | order of the Commission and praying for the issuance of an | ||||||
11 | order directing
such person, his or her or its officers, | ||||||
12 | agents, servants, successors and
assigns to comply with the | ||||||
13 | order of the Commission.
| ||||||
14 | (2) An aggrieved party may file a complaint for | ||||||
15 | enforcement of a valid
order of the Commission directly in | ||||||
16 | Circuit Court.
| ||||||
17 | (3) Upon the commencement of an action filed under
| ||||||
18 | paragraphs (1) or (2) of subsection (B) of this Section
the | ||||||
19 | court shall have jurisdiction
over the proceedings and | ||||||
20 | power to grant or refuse, in whole or in part,
the relief | ||||||
21 | sought or impose such other remedy as the court may deem | ||||||
22 | proper.
| ||||||
23 | (4) The court may stay an order of the Commission in | ||||||
24 | accordance with the
applicable Supreme Court rules, | ||||||
25 | pending disposition of the proceedings.
| ||||||
26 | (5) The court may punish for any violation of its order |
| |||||||
| |||||||
1 | as in the
case of civil contempt.
| ||||||
2 | (6) Venue. Proceedings for judicial enforcement of a | ||||||
3 | Commission order
shall be commenced in the circuit court in | ||||||
4 | the county wherein the civil
rights violation which is the | ||||||
5 | subject of the Commission's order was committed.
| ||||||
6 | (D)
(C) Limitation. Except as otherwise provided by law, no | ||||||
7 | court of this
state shall have jurisdiction over the subject of | ||||||
8 | an alleged civil rights
violation other than as set forth in | ||||||
9 | this Act.
| ||||||
10 | (E)
(D) This amendatory Act of 1996 applies to causes of | ||||||
11 | action filed on or
after January 1, 1996.
| ||||||
12 | (F) The changes made to this Section by this amendatory Act | ||||||
13 | of the 95th General Assembly apply to charges or complaints | ||||||
14 | filed with the Department or the Commission on or
after the | ||||||
15 | effective date of those changes.
| ||||||
16 | (Source: P.A. 88-1; 89-348, eff. 1-1-96; 89-520, eff. 7-18-96.)
| ||||||
17 | (775 ILCS 5/7-101.1 rep.)
| ||||||
18 | Section 10. The Illinois Human Rights Act is amended by | ||||||
19 | repealing Section 7-101.1.
| ||||||
20 | Section 99. Effective date. This Act takes effect January | ||||||
21 | 1, 2008.".
|