Rep. Ann M. Williams

Filed: 4/20/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 700

2    AMENDMENT NO. ______. Amend House Bill 700 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Human Rights Act is amended by
5changing Sections 7-101, 8A-102, 10-102, and 10-103 and by
6adding Section 10-105 as follows:
 
7    (775 ILCS 5/7-101)  (from Ch. 68, par. 7-101)
8    Sec. 7-101. Powers and Duties. In addition to other powers
9and duties prescribed in this Act, the Department shall have
10the following powers:
11    (A) Rules and Regulations. To adopt, promulgate, amend,
12and rescind rules and regulations not inconsistent with the
13provisions of this Act pursuant to the Illinois Administrative
14Procedure Act.
15    (B) Charges. To issue, receive, investigate, conciliate,
16settle, and dismiss charges filed in conformity with this Act.

 

 

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1    (C) Compulsory Process. To request subpoenas as it deems
2necessary for its investigations.
3    (D) Complaints. To file complaints with the Commission in
4conformity with this Act and to intervene in complaints
5pending before the Commission filed under Article 2, 4, 5, 5A,
6or 6.
7    (E) Judicial Enforcement. To seek temporary relief and to
8enforce orders of the Commission in conformity with this Act.
9    (F) Equal Employment Opportunities. To take such action as
10may be authorized to provide for equal employment
11opportunities and affirmative action.
12    (G) Recruitment; Research; Public Communication; Advisory
13Councils. To engage in such recruitment, research and public
14communication and create such advisory councils as may be
15authorized to effectuate the purposes of this Act.
16    (H) Coordination with other Agencies. To coordinate its
17activities with federal, state, and local agencies in
18conformity with this Act.
19    (I) Public Grants; Private Gifts. To accept public grants
20and private gifts as may be authorized.
21    (J) Education and Training. To implement a formal and
22unbiased program of education and training for all employees
23assigned to investigate and conciliate charges under Articles
247A and 7B. The training program shall include the following:
25        (1) substantive and procedural aspects of the
26    investigation and conciliation positions;

 

 

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1        (2) current issues in human rights law and practice;
2        (3) lectures by specialists in substantive areas
3    related to human rights matters;
4        (4) orientation to each operational unit of the
5    Department and Commission;
6        (5) observation of experienced Department
7    investigators and attorneys conducting conciliation
8    conferences, combined with the opportunity to discuss
9    evidence presented and rulings made;
10        (6) the use of hypothetical cases requiring the
11    Department investigator and conciliation conference
12    attorney to issue judgments as a means to evaluating
13    knowledge and writing ability;
14        (7) writing skills;
15        (8) computer skills, including but not limited to word
16    processing and document management.
17    A formal, unbiased and ongoing professional development
18program including, but not limited to, the above-noted areas
19shall be implemented to keep Department investigators and
20attorneys informed of recent developments and issues and to
21assist them in maintaining and enhancing their professional
22competence.
23(Source: P.A. 99-74, eff. 7-20-15.)
 
24    (775 ILCS 5/8A-102)  (from Ch. 68, par. 8A-102)
25    Sec. 8A-102. Hearing on Complaint.

 

 

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1    (A) Services. Within five days after a complaint is filed
2by the Department, or the aggrieved party, as the case may be,
3the Commission shall cause it to be served on the respondent
4together with a notice of hearing before a hearing officer of
5the Commission at a place therein fixed.
6    (B) Time and Location of Hearing. An initial hearing date
7shall be scheduled for not less than thirty nor more than
8ninety days after service of the complaint at a place that is
9within one hundred miles of the place at which the civil rights
10violation is alleged to have occurred. The hearing officer
11may, for good cause shown, extend the date of the hearing.
12    (B-5) Intervention by the Department.
13    (1) After the filing of a complaint under Article 2, 4, 5,
145A, or 6, the Department may petition and shall be permitted as
15a matter of right to intervene as a party in the proceeding if
16the Commission determines that: (i) the case involves matters
17of public interest or importance beyond the issues in the
18case; (ii) the Department has an interest different from one
19or more of the parties; (iii) the expertise of the Department
20makes it better suited to articulate a particular point of
21view; or (iv) the representation of the Department's interest
22by existing parties is or may be inadequate and the Department
23will or may be bound by an order or judgment in the action.
24    (2) The Department, as an intervenor, shall have all of
25the rights of an original party subject to the order of the
26administrative law judge.

 

 

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1    (3) Upon such intervention, the Commission may award such
2relief as is authorized to be granted to a complainant under
3Section 8A-104.
4    (C) Amendment.
5        (1) A complaint may be amended under oath by leave of
6    the presiding hearing officer, for good cause shown, upon
7    timely written motion and reasonable notice to all
8    interested parties at any time prior to the issuance of a
9    recommended order pursuant to Section 8A-102(I) or
10    8B-102(J). The amended complaint shall be served upon all
11    parties of record and the Department of Human Rights by
12    the complainant, or by the Department if it prepared and
13    filed the amended complaint, within 7 days of the date of
14    the order permitting its filing or such additional time as
15    the hearing officer may order. Amendments to the complaint
16    may encompass any unlawful discrimination which is like or
17    reasonably related to the charge and growing out of the
18    allegations in such charge, including, but not limited to,
19    allegations of retaliation.
20        (2) A motion that the complaint be amended to conform
21    to the evidence, made prior to the close of the public
22    hearing, may be addressed orally on the record to the
23    hearing officer, and shall be granted for good and
24    sufficient cause.
25    (D) Answer.
26        (1) The respondent shall file an answer under oath or

 

 

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1    affirmation to the original or amended complaint within 30
2    days of the date of service thereof, but the hearing
3    officer may, for good cause shown, grant further time for
4    the filing of an answer.
5        (2) When the respondent files a motion to dismiss the
6    complaint within 30 days and the motion is denied by the
7    hearing officer, the time for filing the answer shall be
8    within 15 days of the date of denial of the motion.
9        (3) Any allegation in the complaint which is not
10    denied or admitted in the answer is deemed admitted unless
11    the respondent states in the answer that he is without
12    sufficient knowledge or information to form a belief with
13    respect to such allegation.
14        (4) The failure to file an answer is deemed to
15    constitute an admission of the allegations contained in
16    the complaint.
17        (5) The respondent has the right to amend his answer,
18    upon leave of the hearing officer, for good cause shown.
19    (E) Proceedings In Forma Pauperis.
20        (1) If the hearing officer is satisfied that the
21    complainant or respondent is a poor person, and unable to
22    prosecute or defend the complaint and pay the costs and
23    expenses thereof, the hearing officer may permit the party
24    to commence and prosecute or defend the action as a poor
25    person. Such party shall have all the necessary subpoenas,
26    appearances, and proceedings without prepayment of witness

 

 

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1    fees or charges. Witnesses shall attend as in other cases
2    under this Act and the same remedies shall be available
3    for failure or refusal to obey the subpoena as are
4    provided for in Section 8-104 of this Act.
5        (2) A person desiring to proceed without payment of
6    fees or charges shall file with the hearing officer an
7    affidavit stating that he is a poor person and unable to
8    pay costs, and that the action is meritorious.
9    (F) Discovery. The procedure for obtaining discovery of
10information from parties and witnesses shall be specified by
11the Commission in rules. If no rule has been promulgated by the
12Commission on a particular type of discovery, the Code of
13Civil Procedure may be considered persuasive authority. The
14types of discovery shall be the same as in civil cases in the
15circuit courts of this State, provided, however, that a party
16may take discovery depositions only upon leave of the hearing
17officer and for good cause shown.
18    (G) Hearing.
19        (1) Both the complainant and the respondent may appear
20    at the hearing and examine and cross-examine witnesses.
21        (2) The testimony taken at the hearing shall be under
22    oath or affirmation and a transcript shall be made and
23    filed in the office of the Commission.
24        (3) The testimony taken at the hearing is subject to
25    the same rules of evidence that apply in courts of this
26    State in civil cases.

 

 

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1    (H) Compelling Appearance of Parties at Hearing. The
2appearance at the hearing of a party or a person who at the
3time of the hearing is an officer, director, or employee of a
4party may be required by serving the party with a notice
5designating the person who is required to appear. The notice
6also may require the production at the hearing of documents or
7tangible things. If the party or person is a nonresident of the
8county, the hearing officer may order any terms and conditions
9in connection with his appearance at the hearing that are
10just, including payment of his reasonable expenses. Upon a
11failure to comply with the notice, the hearing officer may
12enter any order that is just.
13    (I) Decision.
14        (1) When all the testimony has been taken, the hearing
15    officer shall determine whether the respondent has engaged
16    in or is engaging in the civil rights violation with
17    respect to the person aggrieved as charged in the
18    complaint. A determination sustaining a complaint shall be
19    based upon a preponderance of the evidence.
20        (2) The hearing officer shall make findings of fact in
21    writing and, if the finding is against the respondent,
22    shall issue and cause to be served on the parties and the
23    Department a recommended order for appropriate relief as
24    provided by this Act.
25        (3) If, upon all the evidence, the hearing officer
26    finds that a respondent has not engaged in the

 

 

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1    discriminatory practice charged in the complaint or that a
2    preponderance of the evidence does not sustain the
3    complaint, he shall state his findings of fact and shall
4    issue and cause to be served on the parties and the
5    Department a recommended order dismissing the complaint.
6        (4) The findings and recommended order of the hearing
7    officer shall be filed with the Commission. The findings
8    and recommended order may be authored by a hearing officer
9    other than the hearing officer who presides at the public
10    hearing if:
11            (a) the hearing officer who presides at the public
12        hearing is unable to author the findings and
13        recommended order by reason of death, disability, or
14        separation from employment; and
15            (b) all parties to a complaint file a joint motion
16        agreeing to have the findings and recommended order
17        written by a hearing officer who did not preside at the
18        public hearing.
19        (5) A recommended order dismissing a complaint may
20    include an award of reasonable attorneys fees in favor of
21    the respondent against the complainant or the
22    complainant's attorney, or both, if the hearing officer
23    concludes that the complaint was frivolous, unreasonable
24    or groundless or that the complainant continued to
25    litigate after it became clearly so.
26        (6) The hearing officer may issue a recommended order

 

 

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1    of dismissal with prejudice or a recommended order of
2    default as a sanction for the failure of a party to
3    prosecute his or her case, file a required pleading,
4    appear at a hearing, or otherwise comply with this Act,
5    the rules of the Commission, or a previous order of the
6    hearing officer.
7(Source: P.A. 92-472, eff. 1-1-02.)
 
8    (775 ILCS 5/10-102)  (from Ch. 68, par. 10-102)
9    Sec. 10-102. Court Actions. (A) Circuit Court Actions. (1)
10An aggrieved party may commence a civil action in an
11appropriate Circuit Court not later than 2 years after the
12occurrence or the termination of an alleged civil rights
13violation or the breach of a conciliation or settlement
14agreement entered into under this Act, whichever occurs last,
15to obtain appropriate relief with respect to the alleged civil
16rights violation or breach. Venue for such civil action shall
17be determined under Section 8-111(B)(6).
18    (2) The computation of such 2-year period shall not
19include any time during which an administrative proceeding
20under this Act was pending with respect to a complaint or
21charge under this Act based upon the alleged civil rights
22violation. This paragraph does not apply to actions arising
23from a breach of a conciliation or settlement agreement.
24    (3) An aggrieved party may commence a civil action under
25this subsection whether or not a charge has been filed under

 

 

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1Section 7B-102 and without regard to the status of any such
2charge, however, if the Department or local agency has
3obtained a conciliation or settlement agreement with the
4consent of an aggrieved party, no action may be filed under
5this subsection by such aggrieved party with respect to the
6alleged civil rights violation practice which forms the basis
7for such complaint except for the purpose of enforcing the
8terms of such conciliation or settlement agreement.
9    (4) An aggrieved party shall not commence a civil action
10under this subsection with respect to an alleged civil rights
11violation which forms the basis of a complaint issued by the
12Department if a hearing officer has commenced a hearing on the
13record under Article 3 of this Act with respect to such
14complaint.
15    (B) Appointment of Attorney by Court. Upon application by
16a person alleging a civil rights violation or a person against
17whom the civil rights violation is alleged, if in the opinion
18of the court such person is financially unable to bear the
19costs of such action, the court may:
20    (1) appoint an attorney for such person, any attorney so
21appointed may petition for an award of attorneys fees pursuant
22to subsection (C)(2) of this Section; or
23    (2) authorize the commencement or continuation of a civil
24action under subsection (A) without the payment of fees,
25costs, or security.
26    (C) Relief which may be granted. (1) In a civil action

 

 

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1under subsection (A) if the court finds that a civil rights
2violation has occurred or is about to occur, the court may
3award to the plaintiff actual and punitive damages, and may
4grant as relief, as the court deems appropriate, any permanent
5or preliminary injunction, temporary restraining order, or
6other order, including an order enjoining the defendant from
7engaging in such civil rights violation or ordering such
8affirmative action as may be appropriate.
9    (2) In a civil action under subsection (A), the court, in
10its discretion, may allow the prevailing party, other than the
11State of Illinois, reasonable attorneys fees and costs. The
12State of Illinois shall be liable for such fees and costs to
13the same extent as a private person.
14    (D) Intervention By The Attorney General Department. If
15the Department certifies that the case is of general public
16importance, the The Attorney General of Illinois may seek to
17intervene on behalf of the Department in a civil action filed
18by a complainant in State or federal court under this Section
19if the Department certifies that the case is of general public
20importance. Upon such intervention, the court may award any of
21the remedies set forth in Section 8B-104 and subsection (B) of
22Section 10-104 such relief as is authorized to be granted to a
23plaintiff in a civil action under Section 10-102(C).
24(Source: P.A. 86-910.)
 
25    (775 ILCS 5/10-103)  (from Ch. 68, par. 10-103)

 

 

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1    Sec. 10-103. Circuit court actions pursuant to election.
2    (A) If an election is made under Section 8B-102, the
3Department shall authorize and not later than 30 days after
4the entry of the administrative closure order by the
5Commission the Attorney General shall commence and maintain a
6civil action on behalf of the aggrieved party in a circuit
7court of Illinois seeking relief under this Section. Venue for
8such civil action shall be determined under Section 8-111(C)
9(B)(6).
10    (B) Any aggrieved party with respect to the issues to be
11determined in a civil action under this Section may intervene
12as of right in that civil action.
13    (C) In a civil action under this Section, if the court
14finds that a civil rights violation has occurred or is about to
15occur the court may grant as relief any relief which a court
16could grant with respect to such civil rights violation in a
17civil action under Section 10-102. Any relief so granted that
18would accrue to an aggrieved party in a civil action commenced
19by that aggrieved party under Section 10-102 shall also accrue
20to that aggrieved party in a civil action under this Section.
21If monetary relief is sought for the benefit of an aggrieved
22party who does not intervene in the civil action, the court
23shall not award such relief if that aggrieved party has not
24complied with discovery orders entered by the court.
25(Source: P.A. 101-530, eff. 1-1-20.)
 

 

 

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1    (775 ILCS 5/10-105 new)
2    Sec. 10-105. Intervention by the Attorney General. If the
3Department certifies that the case is of general public
4importance, the Attorney General may seek to intervene on
5behalf of the Department in a civil action filed by a
6complainant in State or federal court. Upon such intervention,
7the court or jury may award any of the remedies set forth in
8Section 8A-104 and subsection (B) of Section 10-104.".