SB2240 Engrossed LRB095 13307 WGH 45359 b

1     AN ACT concerning human rights.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Human Rights Act is amended by
5 changing Sections 7A-102, 7B-102, and 8-103 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 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
13     under the signature of the Director.
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.
18     (A-1) Equal Employment Opportunity Commission Charges. A
19 charge filed with the Equal Employment Opportunity Commission
20 within 180 days after the date of the alleged civil rights
21 violation shall be deemed filed with the Department on the date
22 filed with the Equal Employment Opportunity Commission. Upon
23 receipt of a charge filed with the Equal Employment Opportunity

 

 

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1 Commission, the Department shall notify the complainant that he
2 or she may proceed with the Department. The complainant must
3 notify the Department of his or her decision in writing within
4 35 days of receipt of the Department's notice to the
5 complainant and the Department shall close the case if the
6 complainant does not do so. If the complainant proceeds with
7 the Department, the Department shall take no action until the
8 Equal Employment Opportunity Commission makes a determination
9 on the charge. Upon receipt of the Equal Employment Opportunity
10 Commission's determination, the Department shall cause the
11 charge to be filed under oath or affirmation and to be in such
12 detail as provided for under subparagraph (2) of paragraph (A).
13 At the Department's discretion, the Department shall either
14 adopt the Equal Employment Opportunity Commission's
15 determination or process the charge pursuant to this Act.
16 Adoption of the Equal Employment Opportunity Commission's
17 determination shall be deemed a determination by the Department
18 for all purposes under this Act.
19     (B) Notice and Response to Charge. The Department shall,
20 within 10 days of the date on which the charge was filed, serve
21 a copy of the charge on the respondent. This period shall not
22 be construed to be jurisdictional. The charging party and the
23 respondent may each file a position statement and other
24 materials with the Department regarding the charge of alleged
25 discrimination within 60 days of receipt of the notice of the
26 charge. The position statements and other materials filed shall

 

 

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

 

 

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

 

 

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

 

 

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1     respondent and shall notify the relevant party that a
2     request for review may be filed in writing with the
3     Commission within 30 days of receipt of notice of dismissal
4     or default. The notice of dismissal issued by the Director
5     shall give the complainant notice of his or her right to
6     seek review of the dismissal before the Human Rights
7     Commission or commence a civil action in the appropriate
8     circuit court. If the complainant chooses to have the Human
9     Rights Commission review the dismissal order, he or she
10     shall file a request for review with the Commission within
11     90 days after receipt of the Director's notice. If the
12     complainant chooses to file a request for review with the
13     Commission, he or she may not later commence a civil action
14     in a circuit court. If the complainant chooses to commence
15     a civil action in a circuit court, he or she must do so
16     within 90 days after receipt of the Director's notice.
17     (D) Report.
18         (1) Each charge shall be the subject of a report to the
19     Director. The report shall be a confidential document
20     subject to review by the Director, authorized Department
21     employees, the parties, and, where indicated by this Act,
22     members of the Commission or their designated hearing
23     officers.
24         (2) Upon review of the report, the Director shall
25     determine whether there is substantial evidence that the
26     alleged civil rights violation has been committed. The

 

 

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1     determination of substantial evidence is limited to
2     determining the need for further consideration of the
3     charge pursuant to this Act and includes, but is not
4     limited to, findings of fact and conclusions, as well as
5     the reasons for the determinations on all material issues.
6     Substantial evidence is evidence which a reasonable mind
7     accepts as sufficient to support a particular conclusion
8     and which consists of more than a mere scintilla but may be
9     somewhat less than a preponderance.
10         (3) If the Director determines that there is no
11     substantial evidence, the charge shall be dismissed by
12     order of the Director and the Director shall give the
13     complainant notice of his or her right to seek review of
14     the dismissal order before the Commission or commence a
15     civil action in the appropriate circuit court. If the
16     complainant chooses to have the Human Rights Commission
17     review the dismissal order, he or she shall file a request
18     for review with the Commission within 90 30 days after
19     receipt of the Director's notice. If the complainant
20     chooses to file a request for review with the Commission,
21     he or she may not later commence a civil action in a
22     circuit court. If the complainant chooses to commence a
23     civil action in a circuit court, he or she must do so
24     within 90 days after receipt of the Director's notice.
25         (4) If the Director determines that there is
26     substantial evidence, he or she shall notify the

 

 

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1     complainant and respondent of that determination. The
2     Director shall also notify the parties that the complainant
3     has the right to either commence a civil action in the
4     appropriate circuit court or request that the Department of
5     Human Rights file a complaint with the Human Rights
6     Commission on his or her behalf. Any such complaint shall
7     be filed within 90 days after receipt of the Director's
8     notice. If the complainant chooses to have the Department
9     file a complaint with the Human Rights Commission on his or
10     her behalf, the complainant must, within 30 14 days after
11     receipt of the Director's notice, request in writing that
12     the Department file the complaint. If the complainant
13     timely requests that the Department file the complaint, the
14     Department shall file the complaint on his or her behalf.
15     If the complainant fails to timely request that the
16     Department file the complaint, the complainant may file his
17     or her complaint with the Commission or only commence a
18     civil action in the appropriate circuit court. If the
19     complainant files a complaint with the Human Rights
20     Commission, complainant shall give notice to the
21     Department of the filing of the complaint with the Human
22     Rights Commission.
23     (E) Conciliation.
24          (1) When there is a finding of substantial evidence,
25     the Department may designate a Department employee who is
26     an attorney licensed to practice in Illinois to endeavor to

 

 

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1     eliminate the effect of the alleged civil rights violation
2     and to prevent its repetition by means of conference and
3     conciliation.
4         (2) When the Department determines that a formal
5     conciliation conference is necessary, the complainant and
6     respondent shall be notified of the time and place of the
7     conference by registered or certified mail at least 10 days
8     prior thereto and either or both parties shall appear at
9     the conference in person or by attorney.
10         (3) The place fixed for the conference shall be within
11     35 miles of the place where the civil rights violation is
12     alleged to have been committed.
13         (4) Nothing occurring at the conference shall be
14     disclosed by the Department unless the complainant and
15     respondent agree in writing that such disclosure be made.
16         (5) The Department's efforts to conciliate the matter
17     shall not stay or extend the time for filing the complaint
18     with the Commission or the circuit court.
19     (F) Complaint.
20         (1) When the complainant requests that the Department
21     file a complaint with the Commission on his or her behalf,
22     the Department shall prepare a written complaint, under
23     oath or affirmation, stating the nature of the civil rights
24     violation substantially as alleged in the charge
25     previously filed and the relief sought on behalf of the
26     aggrieved party. The Department shall file the complaint

 

 

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1     with the Commission.
2         (2) If the complainant chooses to commence a civil
3     action in a circuit court, he or she must do so in the
4     circuit court in the county wherein the civil rights
5     violation was allegedly committed. The form of the
6     complaint in any such civil action shall be in accordance
7     with the Illinois Code of Civil Procedure.
8     (G) Time Limit.
9         (1) When a charge of a civil rights violation has been
10     properly filed, the Department, within 365 days thereof or
11     within any extension of that period agreed to in writing by
12     all parties, shall issue its report as required by
13     subparagraph (D). Any such report shall be duly served upon
14     both the complainant and the respondent.
15         (2) If the Department has not issued its report within
16     365 days after the charge is filed, or any such longer
17     period agreed to in writing by all the parties, the
18     complainant shall have 90 days to either file his or her
19     own complaint with the Human Rights Commission or commence
20     a civil action in the appropriate circuit court. If the
21     complainant files a complaint with the Commission, the form
22     of the complaint shall be in accordance with the provisions
23     of paragraph (F)(1). If the complainant commences a civil
24     action in a circuit court, the form of the complaint shall
25     be in accordance with the Illinois Code of Civil Procedure.
26     The aggrieved party shall notify the Department that a

 

 

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1     complaint has been filed and shall serve a copy of the
2     complaint on the Department on the same date that the
3     complaint is filed with the Commission or in circuit court.
4     If the complainant files a complaint with the Commission,
5     he or she may not later commence a civil action in circuit
6     court.
7         (3) If an aggrieved party files a complaint with the
8     Human Rights Commission or commences a civil action in
9     circuit court pursuant to paragraph (2) of this subsection,
10     or if the time period for filing a complaint has expired,
11     the Department shall immediately cease its investigation
12     and dismiss the charge of civil rights violation. Any final
13     order entered by the Commission under this Section is
14     appealable in accordance with paragraph (B)(1) of Section
15     8-111. Failure to immediately cease an investigation and
16     dismiss the charge of civil rights violation as provided in
17     this paragraph (3) constitutes grounds for entry of an
18     order by the circuit court permanently enjoining the
19     investigation. The Department may also be liable for any
20     costs and other damages incurred by the respondent as a
21     result of the action of the Department.
22         (4) The Department shall stay any administrative
23     proceedings under this Section after the filing of a civil
24     action by or on behalf of the aggrieved party under any
25     federal or State law seeking relief with respect to the
26     alleged civil rights violation.

 

 

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1     (H) This amendatory Act of 1995 applies to causes of action
2 filed on or after January 1, 1996.
3     (I) This amendatory Act of 1996 applies to causes of action
4 filed on or after January 1, 1996.
5     (J) The changes made to this Section by Public Act 95-243
6 this amendatory Act of the 95th General Assembly apply to
7 charges filed on or after the effective date of those changes.
8     (K) The changes made to this Section by this amendatory Act
9 of the 95th General Assembly apply to charges filed on or after
10 the effective date of those changes.
11 (Source: P.A. 94-146, eff. 7-8-05; 94-326, eff. 7-26-05;
12 94-857, eff. 6-15-06; 95-243, eff. 1-1-08.)
 
13     (775 ILCS 5/7B-102)  (from Ch. 68, par. 7B-102)
14     Sec. 7B-102. Procedures.
15     (A) Charge.
16         (1) Within one year after the date that a civil rights
17     violation allegedly has been committed or terminated, a
18     charge in writing under oath or affirmation may be filed
19     with the Department by an aggrieved party or issued by the
20     Department itself under the signature of the Director.
21         (2) The charge shall be in such detail as to
22     substantially apprise any party properly concerned as to
23     the time, place, and facts surrounding the alleged civil
24     rights violation.
25     (B) Notice and Response to Charge.

 

 

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1         (1) The Department shall serve notice upon the
2     aggrieved party acknowledging such charge and advising the
3     aggrieved party of the time limits and choice of forums
4     provided under this Act. The Department shall, within 10
5     days of the date on which the charge was filed or the
6     identification of an additional respondent under paragraph
7     (2) of this subsection, serve on the respondent a copy of
8     the charge along with a notice identifying the alleged
9     civil rights violation and advising the respondent of the
10     procedural rights and obligations of respondents under
11     this Act and shall require the respondent to file a
12     verified response to the allegations contained in the
13     charge within 30 days. The respondent shall serve a copy of
14     its response on the complainant or his representative. All
15     allegations contained in the charge not timely denied by
16     the respondent shall be deemed admitted, unless the
17     respondent states that it is without sufficient
18     information to form a belief with respect to such
19     allegation. The Department may issue a notice of default
20     directed to any respondent who fails to file a verified
21     response to a charge within 30 days of the date on which
22     the charge was filed, unless the respondent can demonstrate
23     good cause as to why such notice should not issue. The term
24     "good cause" shall be defined by rule promulgated by the
25     Department. Within 10 days of the date he receives the
26     respondent's response, the complainant may file his reply

 

 

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1     to said response. If he chooses to file a reply, the
2     complainant shall serve a copy of said reply on the
3     respondent or his representative. A party shall have the
4     right to supplement his response or reply at any time that
5     the investigation of the charge is pending.
6         (2) A person who is not named as a respondent in a
7     charge, but who is identified as a respondent in the course
8     of investigation, may be joined as an additional or
9     substitute respondent upon written notice, under
10     subsection (B), to such person, from the Department. Such
11     notice, in addition to meeting the requirements of
12     subsections (A) and (B), shall explain the basis for the
13     Department's belief that a person to whom the notice is
14     addressed is properly joined as a respondent.
15     (C) Investigation.
16         (1) The Department shall conduct a full investigation
17     of the allegations set forth in the charge and complete
18     such investigation within 100 days after the filing of the
19     charge, unless it is impracticable to do so. The
20     Department's failure to complete the investigation within
21     100 days after the proper filing of the charge does not
22     deprive the Department of jurisdiction over the charge.
23         (2) If the Department is unable to complete the
24     investigation within 100 days after the charge is filed,
25     the Department shall notify the complainant and respondent
26     in writing of the reasons for not doing so.

 

 

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1         (3) The Director or his or her designated
2     representative shall have authority to request any member
3     of the Commission to issue subpoenas to compel the
4     attendance of a witness or the production for examination
5     of any books, records or documents whatsoever.
6         (4) If any witness whose testimony is required for any
7     investigation resides outside the State, or through
8     illness or any other good cause as determined by the
9     Director is unable to be interviewed by the investigator or
10     appear at a fact finding conference, his or her testimony
11     or deposition may be taken, within or without the State, in
12     the same manner as provided for in the taking of
13     depositions in civil cases in circuit courts.
14         (5) Upon reasonable notice to the complainant and the
15     respondent, the Department shall conduct a fact finding
16     conference, unless prior to 100 days from the date on which
17     the charge was filed, the Director has determined whether
18     there is substantial evidence that the alleged civil rights
19     violation has been committed. A party's failure to attend
20     the conference without good cause may result in dismissal
21     or default. A notice of dismissal or default shall be
22     issued by the Director and shall notify the relevant party
23     that a request for review may be filed in writing with the
24     Commission within 30 days of receipt of notice of dismissal
25     or default.
26     (D) Report.

 

 

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1         (1) Each investigated charge shall be the subject of a
2     report to the Director. The report shall be a confidential
3     document subject to review by the Director, authorized
4     Department employees, the parties, and, where indicated by
5     this Act, members of the Commission or their designated
6     hearing officers.
7             The report shall contain:
8             (a) the names and dates of contacts with witnesses;
9             (b) a summary and the date of correspondence and
10         other contacts with the aggrieved party and the
11         respondent;
12             (c) a summary description of other pertinent
13         records;
14             (d) a summary of witness statements; and
15             (e) answers to questionnaires.
16         A final report under this paragraph may be amended if
17     additional evidence is later discovered.
18         (2) Upon review of the report and within 100 days of
19     the filing of the charge, unless it is impracticable to do
20     so, the Director shall determine whether there is
21     substantial evidence that the alleged civil rights
22     violation has been committed or is about to be committed.
23     If the Director is unable to make the determination within
24     100 days after the filing of the charge, the Director shall
25     notify the complainant and respondent in writing of the
26     reasons for not doing so. The Director's failure to make

 

 

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1     the determination within 100 days after the proper filing
2     of the charge does not deprive the Department of
3     jurisdiction over the charge.
4             (a) If the Director determines that there is no
5         substantial evidence, the charge shall be dismissed
6         and the aggrieved party notified that he or she may
7         seek review of the dismissal order before the
8         Commission. The aggrieved party shall have 90 30 days
9         from receipt of notice to file a request for review by
10         the Commission. The Director shall make public
11         disclosure of each such dismissal.
12             (b) If the Director determines that there is
13         substantial evidence, he or she shall immediately
14         issue a complaint on behalf of the aggrieved party
15         pursuant to subsection (F).
16     (E) Conciliation.
17         (1) During the period beginning with the filing of
18     charge and ending with the filing of a complaint or a
19     dismissal by the Department, the Department shall, to the
20     extent feasible, engage in conciliation with respect to
21     such charge.
22         When the Department determines that a formal
23     conciliation conference is feasible, the aggrieved party
24     and respondent shall be notified of the time and place of
25     the conference by registered or certified mail at least 7
26     days prior thereto and either or both parties shall appear

 

 

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1     at the conference in person or by attorney.
2         (2) The place fixed for the conference shall be within
3     35 miles of the place where the civil rights violation is
4     alleged to have been committed.
5         (3) Nothing occurring at the conference shall be made
6     public or used as evidence in a subsequent proceeding for
7     the purpose of proving a violation under this Act unless
8     the complainant and respondent agree in writing that such
9     disclosure be made.
10         (4) A conciliation agreement arising out of such
11     conciliation shall be an agreement between the respondent
12     and the complainant, and shall be subject to approval by
13     the Department and Commission.
14         (5) A conciliation agreement may provide for binding
15     arbitration of the dispute arising from the charge. Any
16     such arbitration that results from a conciliation
17     agreement may award appropriate relief, including monetary
18     relief.
19         (6) Each conciliation agreement shall be made public
20     unless the complainant and respondent otherwise agree and
21     the Department determines that disclosure is not required
22     to further the purpose of this Act.
23     (F) Complaint.
24         (1) When there is a failure to settle or adjust any
25     charge through a conciliation conference and the charge is
26     not dismissed, the Department shall prepare a written

 

 

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1     complaint, under oath or affirmation, stating the nature of
2     the civil rights violation and the relief sought on behalf
3     of the aggrieved party. Such complaint shall be based on
4     the final investigation report and need not be limited to
5     the facts or grounds alleged in the charge filed under
6     subsection (A).
7         (2) The complaint shall be filed with the Commission.
8         (3) The Department may not issue a complaint under this
9     Section regarding an alleged civil rights violation after
10     the beginning of the trial of a civil action commenced by
11     the aggrieved party under any State or federal law, seeking
12     relief with respect to that alleged civil rights violation.
13     (G) Time Limit.
14         (1) When a charge of a civil rights violation has been
15     properly filed, the Department, within 100 days thereof,
16     unless it is impracticable to do so, shall either issue and
17     file a complaint in the manner and form set forth in this
18     Section or shall order that no complaint be issued. Any
19     such order shall be duly served upon both the aggrieved
20     party and the respondent. The Department's failure to
21     either issue and file a complaint or order that no
22     complaint be issued within 100 days after the proper filing
23     of the charge does not deprive the Department of
24     jurisdiction over the charge.
25         (2) The Director shall make available to the aggrieved
26     party and the respondent, at any time, upon request

 

 

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1     following completion of the Department's investigation,
2     information derived from an investigation and any final
3     investigative report relating to that investigation.
4     (H) This amendatory Act of 1995 applies to causes of action
5 filed on or after January 1, 1996.
6     (I) The changes made to this Section by Public Act 95-243
7 this amendatory Act of the 95th General Assembly apply to
8 charges filed on or after the effective date of those changes.
9     (J) The changes made to this Section by this amendatory Act
10 of the 95th General Assembly apply to charges filed on or after
11 the effective date of those changes.
12 (Source: P.A. 94-326, eff. 7-26-05; 94-857, eff. 6-15-06;
13 95-243, eff. 1-1-08.)
 
14     (775 ILCS 5/8-103)  (from Ch. 68, par. 8-103)
15     Sec. 8-103. Request for Review.
16     (A) Jurisdiction. The Commission, through a panel of three
17 members, shall have jurisdiction to hear and determine requests
18 for review of (1) decisions of the Department to dismiss a
19 charge; and (2) notices of default issued by the Department.
20     In each instance, the Department shall be the respondent.
21     (B) Review. When a request for review is properly filed,
22 the Commission may consider the Department's report, any
23 argument and supplemental evidence timely submitted, and the
24 results of any additional investigation conducted by the
25 Department in response to the request. In its discretion, the

 

 

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1 Commission may designate a hearing officer to conduct a hearing
2 into the factual basis of the matter at issue.
3     (C) Default Order. When a respondent fails to file a timely
4 request for review of a notice of default, or the default is
5 sustained on review, the Commission shall enter a default order
6 and notify the parties that the complainant has the right to
7 either commence a civil action in the appropriate circuit court
8 to determine the complainant's damages or request that the
9 Commission set a hearing on damages before one of its hearing
10 officers. The complainant shall have 90 days after receipt of
11 the Commission's default order to either commence a civil
12 action in the appropriate circuit court or request that the
13 Commission set a hearing on damages.
14     (D) Time Period Toll. Proceedings on requests for review
15 shall toll the time limitation established in paragraph (G) of
16 Section 7A-102 from the date on which the Department's notice
17 of dismissal or default is issued to the date on which the
18 Commission's order is entered.
19     (E) The changes made to this Section by Public Act 95-243
20 this amendatory Act of the 95th General Assembly apply to
21 charges or complaints filed with the Department or Commission
22 on or after the effective date of those changes.
23     (F) The changes made to this Section by this amendatory Act
24 of the 95th General Assembly apply to charges or complaints
25 filed with the Department or Commission on or after the
26 effective date of those changes.

 

 

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1 (Source: P.A. 95-243, eff. 1-1-08.)
 
2     Section 90. Section 7-101.1 of the Illinois Human Rights
3 Act, as it existed immediately before its repeal by Public Act
4 95-243, applies to charges that were filed under that Act
5 before January 1, 2008 and were pending on that date.
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.