HB3135 EngrossedLRB103 27775 LNS 54153 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Sections 7-101, 7A-102, 7A-104, 7B-104, 8-103,
68A-102, 10-101, and 10-102 and by adding Section 10-105 as
7follows:
 
8    (775 ILCS 5/7-101)  (from Ch. 68, par. 7-101)
9    Sec. 7-101. Powers and Duties. In addition to other powers
10and duties prescribed in this Act, the Department shall have
11the following powers:
12    (A) Rules and Regulations. To adopt, promulgate, amend,
13and rescind rules and regulations not inconsistent with the
14provisions of this Act pursuant to the Illinois Administrative
15Procedure Act.
16    (B) Charges. To issue, receive, investigate, conciliate,
17settle, and dismiss charges filed in conformity with this Act.
18    (C) Compulsory Process. To request subpoenas as it deems
19necessary for its investigations.
20    (D) Complaints. To file complaints with the Commission in
21conformity with this Act and to intervene in complaints
22pending before the Commission filed under Article 2, 4, 5, 5A,
23or 6.

 

 

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1    (E) Judicial Enforcement. To seek temporary relief and to
2enforce orders of the Commission in conformity with this Act.
3    (F) Equal Employment Opportunities. To take such action as
4may be authorized to provide for equal employment
5opportunities and affirmative action.
6    (G) Recruitment; Research; Public Communication; Advisory
7Councils. To engage in such recruitment, research and public
8communication and create such advisory councils as may be
9authorized to effectuate the purposes of this Act.
10    (H) Coordination with other Agencies. To coordinate its
11activities with federal, state, and local agencies in
12conformity with this Act.
13    (I) Grants; Private Gifts.
14        (1) To accept public grants and private gifts as may
15    be authorized.
16        (2) To design grant programs and award grants to
17    eligible recipients.
18    (J) Education and Training. To implement a formal and
19unbiased program of education and training for all employees
20assigned to investigate and conciliate charges under Articles
217A and 7B. The training program shall include the following:
22        (1) substantive and procedural aspects of the
23    investigation and conciliation positions;
24        (2) current issues in human rights law and practice;
25        (3) lectures by specialists in substantive areas
26    related to human rights matters;

 

 

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1        (4) orientation to each operational unit of the
2    Department and Commission;
3        (5) observation of experienced Department
4    investigators and attorneys conducting conciliation
5    conferences, combined with the opportunity to discuss
6    evidence presented and rulings made;
7        (6) the use of hypothetical cases requiring the
8    Department investigator and conciliation conference
9    attorney to issue judgments as a means to evaluating
10    knowledge and writing ability;
11        (7) writing skills;
12        (8) computer skills, including but not limited to word
13    processing and document management.
14    A formal, unbiased and ongoing professional development
15program including, but not limited to, the above-noted areas
16shall be implemented to keep Department investigators and
17attorneys informed of recent developments and issues and to
18assist them in maintaining and enhancing their professional
19competence.
20(Source: P.A. 102-1115, eff. 1-9-23.)
 
21    (775 ILCS 5/7A-102)  (from Ch. 68, par. 7A-102)
22    Sec. 7A-102. Procedures.
23    (A) Charge.
24        (1) Within 300 calendar days after the date that a
25    civil rights violation allegedly has been committed, a

 

 

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1    charge in writing under oath or affirmation may be filed
2    with the Department by an aggrieved party or issued by the
3    Department itself under the signature of the Director.
4        (2) The charge shall be in such detail as to
5    substantially apprise any party properly concerned as to
6    the time, place, and facts surrounding the alleged civil
7    rights violation.
8        (3) Charges deemed filed with the Department pursuant
9    to subsection (A-1) of this Section shall be deemed to be
10    in compliance with this subsection.
11    (A-1) Equal Employment Opportunity Commission Charges.
12        (1) If a charge is filed with the Equal Employment
13    Opportunity Commission (EEOC) within 300 calendar days
14    after the date of the alleged civil rights violation, the
15    charge shall be deemed filed with the Department on the
16    date filed with the EEOC. If the EEOC is the governmental
17    agency designated to investigate the charge first, the
18    Department shall take no action until the EEOC makes a
19    determination on the charge and after the complainant
20    notifies the Department of the EEOC's determination. In
21    such cases, after receiving notice from the EEOC that a
22    charge was filed, the Department shall notify the parties
23    that (i) a charge has been received by the EEOC and has
24    been sent to the Department for dual filing purposes; (ii)
25    the EEOC is the governmental agency responsible for
26    investigating the charge and that the investigation shall

 

 

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1    be conducted pursuant to the rules and procedures adopted
2    by the EEOC; (iii) it will take no action on the charge
3    until the EEOC issues its determination; (iv) the
4    complainant must submit a copy of the EEOC's determination
5    within 30 days after service of the determination by the
6    EEOC on the complainant; and (v) that the time period to
7    investigate the charge contained in subsection (G) of this
8    Section is tolled from the date on which the charge is
9    filed with the EEOC until the EEOC issues its
10    determination.
11        (2) If the EEOC finds reasonable cause to believe that
12    there has been a violation of federal law and if the
13    Department is timely notified of the EEOC's findings by
14    the complainant, the Department shall notify the
15    complainant that the Department has adopted the EEOC's
16    determination of reasonable cause and that the complainant
17    has the right, within 90 days after receipt of the
18    Department's notice, to either file the complainant's his
19    or her own complaint with the Illinois Human Rights
20    Commission or commence a civil action in the appropriate
21    circuit court or other appropriate court of competent
22    jurisdiction. This notice shall be provided to the
23    complainant within 10 business days after the Department's
24    receipt of the EEOC's determination. The Department's
25    notice to the complainant that the Department has adopted
26    the EEOC's determination of reasonable cause shall

 

 

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1    constitute the Department's Report for purposes of
2    subparagraph (D) of this Section.
3        (3) For those charges alleging violations within the
4    jurisdiction of both the EEOC and the Department and for
5    which the EEOC either (i) does not issue a determination,
6    but does issue the complainant a notice of a right to sue,
7    including when the right to sue is issued at the request of
8    the complainant, or (ii) determines that it is unable to
9    establish that illegal discrimination has occurred and
10    issues the complainant a right to sue notice, and if the
11    Department is timely notified of the EEOC's determination
12    by the complainant, the Department shall notify the
13    parties, within 10 business days after receipt of the
14    EEOC's determination, that the Department will adopt the
15    EEOC's determination as a dismissal for lack of
16    substantial evidence unless the complainant requests in
17    writing within 35 days after receipt of the Department's
18    notice that the Department review the EEOC's
19    determination.
20            (a) If the complainant does not file a written
21        request with the Department to review the EEOC's
22        determination within 35 days after receipt of the
23        Department's notice, the Department shall notify the
24        complainant, within 10 business days after the
25        expiration of the 35-day period, that the decision of
26        the EEOC has been adopted by the Department as a

 

 

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1        dismissal for lack of substantial evidence and that
2        the complainant has the right, within 90 days after
3        receipt of the Department's notice, to commence a
4        civil action in the appropriate circuit court or other
5        appropriate court of competent jurisdiction. The
6        Department's notice to the complainant that the
7        Department has adopted the EEOC's determination shall
8        constitute the Department's report for purposes of
9        subparagraph (D) of this Section.
10            (b) If the complainant does file a written request
11        with the Department to review the EEOC's
12        determination, the Department shall review the EEOC's
13        determination and any evidence obtained by the EEOC
14        during its investigation. If, after reviewing the
15        EEOC's determination and any evidence obtained by the
16        EEOC, the Department determines there is no need for
17        further investigation of the charge, the Department
18        shall issue a report and the Director shall determine
19        whether there is substantial evidence that the alleged
20        civil rights violation has been committed pursuant to
21        subsection (D) of this Section. If, after reviewing
22        the EEOC's determination and any evidence obtained by
23        the EEOC, the Department determines there is a need
24        for further investigation of the charge, the
25        Department may conduct any further investigation it
26        deems necessary. After reviewing the EEOC's

 

 

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1        determination, the evidence obtained by the EEOC, and
2        any additional investigation conducted by the
3        Department, the Department shall issue a report and
4        the Director shall determine whether there is
5        substantial evidence that the alleged civil rights
6        violation has been committed pursuant to subsection
7        (D) of this Section.
8        (4) Pursuant to this Section, if the EEOC dismisses
9    the charge or a portion of the charge of discrimination
10    because, under federal law, the EEOC lacks jurisdiction
11    over the charge, and if, under this Act, the Department
12    has jurisdiction over the charge of discrimination, the
13    Department shall investigate the charge or portion of the
14    charge dismissed by the EEOC for lack of jurisdiction
15    pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
16    (E), (F), (G), (H), (I), (J), and (K) of this Section.
17        (5) The time limit set out in subsection (G) of this
18    Section is tolled from the date on which the charge is
19    filed with the EEOC to the date on which the EEOC issues
20    its determination.
21        (6) The failure of the Department to meet the
22    10-business-day notification deadlines set out in
23    paragraph (2) of this subsection shall not impair the
24    rights of any party.
25    (B) Notice and Response to Charge. The Department shall,
26within 10 days of the date on which the charge was filed, serve

 

 

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1a copy of the charge on the respondent and provide all parties
2with a notice of the complainant's right to opt out of the
3investigation within 60 days as set forth in subsection (C-1).
4This period shall not be construed to be jurisdictional. The
5charging party and the respondent may each file a position
6statement and other materials with the Department regarding
7the charge of alleged discrimination within 60 days of receipt
8of the notice of the charge. The position statements and other
9materials filed shall remain confidential unless otherwise
10agreed to by the party providing the information and shall not
11be served on or made available to the other party during the
12pendency of a charge with the Department. The Department may
13require the respondent to file a response to the allegations
14contained in the charge. Upon the Department's request, the
15respondent shall file a response to the charge within 60 days
16and shall serve a copy of its response on the complainant or
17the complainant's his or her representative. Notwithstanding
18any request from the Department, the respondent may elect to
19file a response to the charge within 60 days of receipt of
20notice of the charge, provided the respondent serves a copy of
21its response on the complainant or the complainant's his or
22her representative. All allegations contained in the charge
23not denied by the respondent within 60 days of the
24Department's request for a response may be deemed admitted,
25unless the respondent states that it is without sufficient
26information to form a belief with respect to such allegation.

 

 

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1The Department may issue a notice of default directed to any
2respondent who fails to file a response to a charge within 60
3days of receipt of the Department's request, unless the
4respondent can demonstrate good cause as to why such notice
5should not issue. The term "good cause" shall be defined by
6rule promulgated by the Department. Within 30 days of receipt
7of the respondent's response, the complainant may file a reply
8to said response and shall serve a copy of said reply on the
9respondent or the respondent's his or her representative. A
10party shall have the right to supplement the party's his or her
11response or reply at any time that the investigation of the
12charge is pending. The Department shall, within 10 days of the
13date on which the charge was filed, and again no later than 335
14days thereafter, send by certified or registered mail, or
15electronic mail if elected by the party, written notice to the
16complainant and to the respondent informing the complainant of
17the complainant's rights to either file a complaint with the
18Human Rights Commission or commence a civil action in the
19appropriate circuit court under subparagraph (2) of paragraph
20(G), including in such notice the dates within which the
21complainant may exercise these rights. In the notice the
22Department shall notify the complainant that the charge of
23civil rights violation will be dismissed with prejudice and
24with no right to further proceed if a written complaint is not
25timely filed with the Commission or with the appropriate
26circuit court by the complainant pursuant to subparagraph (2)

 

 

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1of paragraph (G) or by the Department pursuant to subparagraph
2(1) of paragraph (G).
3    (B-1) Mediation. The complainant and respondent may agree
4to voluntarily submit the charge to mediation without waiving
5any rights that are otherwise available to either party
6pursuant to this Act and without incurring any obligation to
7accept the result of the mediation process. Nothing occurring
8in mediation shall be disclosed by the Department or
9admissible in evidence in any subsequent proceeding unless the
10complainant and the respondent agree in writing that such
11disclosure be made.
12    (C) Investigation.
13        (1) The Department shall conduct an investigation
14    sufficient to determine whether the allegations set forth
15    in the charge are supported by substantial evidence unless
16    the complainant elects to opt out of an investigation
17    pursuant to subsection (C-1).
18        (2) The Director or the Director's his or her
19    designated representatives shall have authority to request
20    any member of the Commission to issue subpoenas to compel
21    the attendance of a witness or the production for
22    examination of any books, records or documents whatsoever.
23        (3) If any witness whose testimony is required for any
24    investigation resides outside the State, or through
25    illness or any other good cause as determined by the
26    Director is unable to be interviewed by the investigator

 

 

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1    or appear at a fact finding conference, the witness' his
2    or her testimony or deposition may be taken, within or
3    without the State, in the same manner as is provided for in
4    the taking of depositions in civil cases in circuit
5    courts.
6        (4) Upon reasonable notice to the complainant and the
7    respondent, the Department shall conduct a fact finding
8    conference, unless prior to 365 days after the date on
9    which the charge was filed the Director has determined
10    whether there is substantial evidence that the alleged
11    civil rights violation has been committed, the charge has
12    been dismissed for lack of jurisdiction, or the parties
13    voluntarily and in writing agree to waive the fact finding
14    conference. Any party's failure to attend the conference
15    without good cause shall result in dismissal or default.
16    The term "good cause" shall be defined by rule promulgated
17    by the Department. A notice of dismissal or default shall
18    be issued by the Director. The notice of default issued by
19    the Director shall notify the respondent that a request
20    for review may be filed in writing with the Commission
21    within 30 days of receipt of notice of default. The notice
22    of dismissal issued by the Director shall give the
23    complainant notice of the complainant's his or her right
24    to seek review of the dismissal before the Human Rights
25    Commission or commence a civil action in the appropriate
26    circuit court. If the complainant chooses to have the

 

 

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1    Human Rights Commission review the dismissal order, the
2    complainant he or she shall file a request for review with
3    the Commission within 90 days after receipt of the
4    Director's notice. If the complainant chooses to file a
5    request for review with the Commission, the complainant he
6    or she may not later commence a civil action in a circuit
7    court. If the complainant chooses to commence a civil
8    action in a circuit court, the complainant he or she must
9    do so within 90 days after receipt of the Director's
10    notice.
11    (C-1) Opt out of Department's investigation. At any time
12within 60 days after receipt of notice of the right to opt out,
13a complainant may submit a written request seeking notice from
14the Director indicating that the complainant has opted out of
15the investigation and may commence a civil action in the
16appropriate circuit court or other appropriate court of
17competent jurisdiction. Within 10 business days of receipt of
18the complainant's request to opt out of the investigation, the
19Director shall issue a notice to the parties stating that: (i)
20the complainant has exercised the right to opt out of the
21investigation; (ii) the complainant has 90 days after receipt
22of the Director's notice to commence an action in the
23appropriate circuit court or other appropriate court of
24competent jurisdiction; and (iii) the Department has ceased
25its investigation and is administratively closing the charge.
26The complainant shall notify the Department and the respondent

 

 

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1that a complaint has been filed with the appropriate circuit
2court or other appropriate court of competent jurisdiction and
3shall mail a copy of the complaint to the Department and the
4respondent on the same date that the complaint is filed with
5the appropriate court. Once a complainant has opted out of the
6investigation under this subsection, the complainant he or she
7may not file or refile a substantially similar charge with the
8Department arising from the same incident of unlawful
9discrimination or harassment.
10    (D) Report.
11        (1) Each charge investigated under subsection (C)
12    shall be the subject of a report to the Director. The
13    report shall be a confidential document subject to review
14    by the Director, authorized Department employees, the
15    parties, and, where indicated by this Act, members of the
16    Commission or their designated hearing officers.
17        (2) Upon review of the report, the Director shall
18    determine whether there is substantial evidence that the
19    alleged civil rights violation has been committed. The
20    determination of substantial evidence is limited to
21    determining the need for further consideration of the
22    charge pursuant to this Act and includes, but is not
23    limited to, findings of fact and conclusions, as well as
24    the reasons for the determinations on all material issues.
25    Substantial evidence is evidence which a reasonable mind
26    accepts as sufficient to support a particular conclusion

 

 

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1    and which consists of more than a mere scintilla but may be
2    somewhat less than a preponderance.
3        (3) If the Director determines that there is no
4    substantial evidence, the charge shall be dismissed by
5    order of the Director and the Director shall give the
6    complainant notice of the complainant's his or her right
7    to seek review of the notice of dismissal order before the
8    Commission or commence a civil action in the appropriate
9    circuit court. If the complainant chooses to have the
10    Human Rights Commission review the notice of dismissal
11    order, the complainant he or she shall file a request for
12    review with the Commission within 90 days after receipt of
13    the Director's notice. If the complainant chooses to file
14    a request for review with the Commission, the complainant
15    he or she may not later commence a civil action in a
16    circuit court. If the complainant chooses to commence a
17    civil action in a circuit court, the complainant he or she
18    must do so within 90 days after receipt of the Director's
19    notice. The complainant shall notify the Department that a
20    complaint has been filed by serving a copy of the
21    complaint on the chief legal counsel of the Department
22    within 21 days from the date that the complaint is filed in
23    circuit court. This period shall not be construed to be
24    jurisdictional.
25        (4) If the Director determines that there is
26    substantial evidence, the Director he or she shall notify

 

 

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1    the complainant and respondent of that determination. The
2    Director shall also notify the parties that the
3    complainant has the right to either commence a civil
4    action in the appropriate circuit court or request that
5    the Department of Human Rights file a complaint with the
6    Human Rights Commission on the complainant's his or her
7    behalf. Any such complaint shall be filed within 90 days
8    after receipt of the Director's notice. If the complainant
9    chooses to have the Department file a complaint with the
10    Human Rights Commission on the complainant's his or her
11    behalf, the complainant must, within 30 days after receipt
12    of the Director's notice, request in writing that the
13    Department file the complaint. If the complainant timely
14    requests that the Department file the complaint, the
15    Department shall file the complaint on the complainant's
16    his or her behalf. If the complainant fails to timely
17    request that the Department file the complaint, the
18    complainant may file the complainant's his or her
19    complaint with the Commission or commence a civil action
20    in the appropriate circuit court. If the complainant files
21    a complaint with the Human Rights Commission, the
22    complainant shall notify the Department that a complaint
23    has been filed by serving a copy of the complaint on the
24    chief legal counsel of the Department within 21 days from
25    the date that the complaint is filed give notice to the
26    Department of the filing of the complaint with the Human

 

 

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1    Rights Commission. This period shall not be construed to
2    be jurisdictional.
3    (E) Conciliation.
4         (1) When there is a finding of substantial evidence,
5    the Department may designate a Department employee who is
6    an attorney licensed to practice in Illinois to endeavor
7    to eliminate the effect of the alleged civil rights
8    violation and to prevent its repetition by means of
9    conference and conciliation.
10        (2) When the Department determines that a formal
11    conciliation conference is necessary, the complainant and
12    respondent shall be notified of the time and place of the
13    conference by registered or certified mail at least 10
14    days prior thereto and either or both parties shall appear
15    at the conference in person or by attorney.
16        (3) The place fixed for the conference shall be within
17    35 miles of the place where the civil rights violation is
18    alleged to have been committed.
19        (4) Nothing occurring at the conference shall be
20    disclosed by the Department unless the complainant and
21    respondent agree in writing that such disclosure be made.
22        (5) The Department's efforts to conciliate the matter
23    shall not stay or extend the time for filing the complaint
24    with the Commission or the circuit court.
25    (F) Complaint.
26        (1) When the complainant requests that the Department

 

 

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1    file a complaint with the Commission on the complainant's
2    his or her behalf, the Department shall prepare a written
3    complaint, under oath or affirmation, stating the nature
4    of the civil rights violation substantially as alleged in
5    the charge previously filed and the relief sought on
6    behalf of the aggrieved party. The Department shall file
7    the complaint with the Commission.
8        (1.5) If the complainant chooses to file a complaint
9    with the Commission without the Department's assistance,
10    the complainant shall give notice to the Department that a
11    complaint has been filed by serving a copy of the
12    complaint on the chief legal counsel of the Department
13    within 21 days from the date that the complaint is filed
14    with the Human Rights Commission. This period shall not be
15    construed to be jurisdictional.
16        (2) If the complainant chooses to commence a civil
17    action in a circuit court:
18            (i) The complainant shall file the civil action ,
19        he or she must do so in the circuit court in the county
20        wherein the civil rights violation was allegedly
21        committed.
22            (ii) The form of the complaint in any such civil
23        action shall be in accordance with the Code of Civil
24        Procedure.
25            (iii) The complainant shall notify the Department
26        that a complaint has been filed by serving a copy of

 

 

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

 

 

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1    that the complaint is filed with the Commission or in
2    circuit court. If the complainant files a complaint with
3    the Commission, the complainant he or she may not later
4    commence a civil action in circuit court.
5        (3) If an aggrieved party files a complaint with the
6    Human Rights Commission or commences a civil action in
7    circuit court pursuant to paragraph (2) of this
8    subsection, or if the time period for filing a complaint
9    has expired, the Department shall immediately cease its
10    investigation and dismiss the charge of civil rights
11    violation. Any final order entered by the Commission under
12    this Section is appealable in accordance with paragraph
13    (B)(1) of Section 8-111. Failure to immediately cease an
14    investigation and dismiss the charge of civil rights
15    violation as provided in this paragraph (3) constitutes
16    grounds for entry of an order by the circuit court
17    permanently enjoining the investigation. The Department
18    may also be liable for any costs and other damages
19    incurred by the respondent as a result of the action of the
20    Department.
21        (4) (Blank).
22    (H) Public Act 89-370 applies to causes of action filed on
23or after January 1, 1996.
24    (I) Public Act 89-520 applies to causes of action filed on
25or after January 1, 1996.
26    (J) The changes made to this Section by Public Act 95-243

 

 

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1apply to charges filed on or after the effective date of those
2changes.
3    (K) The changes made to this Section by Public Act 96-876
4apply to charges filed on or after the effective date of those
5changes.
6    (L) The changes made to this Section by Public Act
7100-1066 apply to charges filed on or after August 24, 2018
8(the effective date of Public Act 100-1066).
9(Source: P.A. 101-221, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
10    (775 ILCS 5/7A-104)  (from Ch. 68, par. 7A-104)
11    Sec. 7A-104. Judicial Proceedings.
12    (A) Temporary Relief.
13        (1) At any time after a charge is filed, the
14    Department or complainant may petition the appropriate
15    court for temporary relief, pending final determination of
16    the proceedings under this Act, including an order or
17    judgment restraining the respondent from doing or causing
18    any act which would render ineffectual an order which the
19    Commission may enter with respect to the complainant.
20    Whether it is brought by the Department or by the
21    complainant, the petition shall contain a certification by
22    the Director that the particular matter warrants presents
23    exceptional circumstances in which irreparable injury will
24    result from a civil rights violation in the absence of
25    temporary relief. The filing of a petition under this

 

 

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1    paragraph does not affect the initiation or continuation
2    of administrative proceedings under Sections 7A-102 and
3    8A-102.
4        (2) The petition shall be filed in the circuit court
5    for the county in which the respondent resides or
6    transacts business or in which the alleged violation took
7    place, and the proceedings shall be governed by Part I of
8    Article XI of the "Code of Civil Procedure", as amended.
9    The Except as provided in subsection (A) (3), the court
10    may grant temporary relief or a temporary restraining
11    order as it deems just and proper.
12        (3) (Blank). When the petition is based upon a civil
13    rights violation as defined in Article 3 of this Act, the
14    relief or restraining order entered by the court shall not
15    exceed 5 days unless:
16            (a) A longer period is agreed to by the
17        respondent; or
18            (b) The court finds that there is substantial
19        evidence to demonstrate that the respondent has
20        engaged in unlawful discrimination.
21    (B) Expedited Proceedings.
22        (1) A complainant or the Department at the request of
23    the complainant may at any time petition the circuit court
24    for expedited proceedings. Except as to causes the circuit
25    court considers to be of greater importance, consideration
26    of petitions for expedited proceedings under this

 

 

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1    subsection shall take precedence on the docket over all
2    other causes and be assigned for hearing at the earliest
3    practicable date and expedited in every way.
4        (2) Venue for a petition filed under this subsection
5    shall lie in the county where the respondent resides or is
6    found or where the alleged violation was committed.
7        (3) Any petition filed by the complainant shall name
8    the Department, Commission and the respondent. Any
9    petition filed by the Department, upon request of the
10    complainant, shall name the Commission and the respondent.
11        (4) If the circuit court determines that the
12    complainant is likely to die before the termination of the
13    proceedings under this Act, it may order the proceedings
14    expedited. When an order for expedited proceedings is
15    issued, the processing of the complainant's charge by the
16    Department and Commission shall take precedence over all
17    matters except older matters of the same character. Where
18    such order is issued, the Department, the Commission, any
19    panel of the Commission, or any Commission hearing officer
20    shall be authorized to shorten any time period, other than
21    the filing period set by Section 7A-102(A)(1). If such an
22    order is issued and the complainant is before the
23    Department, the Department shall immediately appoint an
24    investigator if an investigator has not been appointed and
25    shall in 90 days either file a complaint or order that no
26    complaint be issued. If the Department fails to make a

 

 

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1    determination within 90 days the complainant shall have 30
2    days to file a his complaint with the Commission.
3    (C) Enforcement of Commission Orders. When authorized by
4this Act, the Department, at the request of the Commission,
5may take whatever action may be authorized for the enforcement
6of Commission orders.
7(Source: P.A. 101-661, eff. 4-2-21.)
 
8    (775 ILCS 5/7B-104)  (from Ch. 68, par. 7B-104)
9    Sec. 7B-104. Judicial Proceedings. (A) Temporary Relief.
10(1) At any time after a charge is filed, the Department or
11aggrieved party may petition the appropriate court for
12temporary relief, pending final determination of the
13proceedings under this Act, including an order or judgment
14restraining the respondent from doing or causing any act which
15would render ineffectual an order which the Commission may
16enter with respect to the aggrieved party. Whether it is
17brought by the Department or by the aggrieved party, the
18petition shall contain a certification by the Director that
19the particular matter warrants presents exceptional
20circumstances in which irreparable injury will result from a
21civil rights violation in the absence of temporary relief. The
22filing of a petition under this paragraph does not affect the
23initiation or continuation of administrative proceedings under
24Sections 7B-102 and 8B-102 Section 7A-102 and Section 8A-102
25of this Act.

 

 

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1    (2) The petition shall be filed in the circuit court for
2the county in which the respondent resides or transacts
3business or in which the alleged violation took place, and the
4proceedings shall be governed by Part 1 of Article XI of the
5"Code of Civil Procedure", as amended. The Except as provided
6in subsection (A) (3), the court may grant temporary relief or
7a temporary restraining order as it deems just and proper.
8    (3) (Blank). When the petition is based upon a civil
9rights violation as defined in Article 3 of this Act, the
10duration of the relief or restraining order entered by the
11court shall not exceed 5 days unless:
12    (a) A longer period is agreed to by the respondent; or
13    (b) The court finds that there is substantial evidence to
14demonstrate that the respondent has engaged in unlawful
15discrimination.
16    (B) Enforcement of Commission Orders. When authorized by
17this Act, the Department, at the request of the Commission,
18may take whatever action may be authorized for the enforcement
19of Commission orders.
20(Source: P.A. 86-910.)
 
21    (775 ILCS 5/8-103)  (from Ch. 68, par. 8-103)
22    Sec. 8-103. Request for review.
23    (A) Jurisdiction. The Commission, through a panel of 3
24three members, shall have jurisdiction to hear and determine
25requests for review of (1) decisions of the Department to

 

 

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1dismiss a charge; and (2) notices of default issued by the
2Department.
3    In each instance, the Department shall be the respondent.
4The respondent on the charge, in the case of dismissal, or the
5complainant, in the case of default, may file a response to the
6request for review.
7    (B) Review. When a request for review is properly filed,
8the Commission may consider the Department's report, any
9argument and supplemental evidence timely submitted, and the
10results of any additional investigation conducted by the
11Department in response to the request. In its discretion, the
12Commission may designate a hearing officer to conduct a
13hearing into the factual basis of the matter at issue. Within
14120 days after the effective date of this amendatory Act of the
15100th General Assembly, the Commission shall adopt rules of
16minimum standards for the contents of responses to requests
17for review, including, but not limited to, proposed statements
18of uncontested facts and proposed statements of the legal
19issues.
20    (C) Default Order. When a respondent fails to file a
21timely request for review of a notice of default, or the
22default is sustained on review, the Commission shall enter a
23default order and notify the parties that the complainant has
24the right to either commence a civil action in the appropriate
25circuit court to determine the complainant's damages or
26request that the Commission set a hearing on damages before

 

 

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1one of its hearing officers. The complainant shall have 90
2days after receipt of the Commission's default order to either
3commence a civil action in the appropriate circuit court or
4request that the Commission set a hearing on damages.
5    (D) Time Period Toll. Proceedings on requests for review
6shall toll the time limitation established in paragraph (G) of
7Section 7A-102 from the date on which the Department's notice
8of dismissal or default is issued until 30 days after to the
9date on which the Commission's order is served on the chief
10legal counsel of the Department entered.
11    (E) The changes made to this Section by Public Act 95-243
12apply to charges or complaints filed with the Department or
13Commission on or after the effective date of those changes.
14    (F) The changes made to this Section by this amendatory
15Act of the 96th General Assembly apply to charges or
16complaints filed with the Department or Commission on or after
17the effective date of those changes.
18    (G) The changes made to this Section by this amendatory
19Act of the 100th General Assembly apply to charges filed or
20pending with the Department or Commission on or after the
21effective date of this amendatory Act of the 100th General
22Assembly.
23(Source: P.A. 100-1066, eff. 8-24-18.)
 
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 30 thirty nor more than 90
8ninety days after service of the complaint at a place that is
9within 100 one hundred miles of the place at which the civil
10rights violation is alleged to have occurred. The hearing
11officer may, for good cause shown, extend the date of the
12hearing.
13    (B-5) Intervention by the Department.
14        (1) After the filing of a complaint under Article 2,
15    4, 5, 5A, or 6, the Department may petition and shall be
16    permitted to intervene as a party in the proceeding if the
17    Commission determines that:
18            (i) the Department has an interest different from
19        one or more of the parties;
20            (ii) the expertise of the Department makes it
21        better suited to articulate a particular point of
22        view; or
23            (iii) the representation of the Department's
24        interest by existing parties is or may be inadequate
25        and the Department will or may be bound by an order or
26        judgment in the action.

 

 

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

 

 

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

 

 

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

 

 

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1    filed in the office of the Commission.
2        (3) The testimony taken at the hearing is subject to
3    the same rules of evidence that apply in courts of this
4    State in civil cases.
5    (H) Compelling Appearance of Parties at Hearing. The
6appearance at the hearing of a party or a person who at the
7time of the hearing is an officer, director, or employee of a
8party may be required by serving the party with a notice
9designating the person who is required to appear. The notice
10also may require the production at the hearing of documents or
11tangible things. If the party or person is a nonresident of the
12county, the hearing officer may order any terms and conditions
13in connection with the party's or person's his appearance at
14the hearing that are just, including payment of the party's or
15person's his reasonable expenses. Upon a failure to comply
16with the notice, the hearing officer may enter any order that
17is just.
18    (I) Decision.
19        (1) When all the testimony has been taken, the hearing
20    officer shall determine whether the respondent has engaged
21    in or is engaging in the civil rights violation with
22    respect to the person aggrieved as charged in the
23    complaint. A determination sustaining a complaint shall be
24    based upon a preponderance of the evidence.
25        (2) The hearing officer shall make findings of fact in
26    writing and, if the finding is against the respondent,

 

 

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1    shall issue and cause to be served on the parties and the
2    Department a recommended order for appropriate relief as
3    provided by this Act.
4        (3) If, upon all the evidence, the hearing officer
5    finds that a respondent has not engaged in the
6    discriminatory practice charged in the complaint or that a
7    preponderance of the evidence does not sustain the
8    complaint, the hearing officer he shall state the hearing
9    officer's his findings of fact and shall issue and cause
10    to be served on the parties and the Department a
11    recommended order dismissing the complaint.
12        (4) The findings and recommended order of the hearing
13    officer shall be filed with the Commission. The findings
14    and recommended order may be authored by a hearing officer
15    other than the hearing officer who presides at the public
16    hearing if:
17            (a) the hearing officer who presides at the public
18        hearing is unable to author the findings and
19        recommended order by reason of death, disability, or
20        separation from employment; and
21            (b) all parties to a complaint file a joint motion
22        agreeing to have the findings and recommended order
23        written by a hearing officer who did not preside at the
24        public hearing.
25        (5) A recommended order dismissing a complaint may
26    include an award of reasonable attorneys fees in favor of

 

 

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1    the respondent against the complainant or the
2    complainant's attorney, or both, if the hearing officer
3    concludes that the complaint was frivolous, unreasonable
4    or groundless or that the complainant continued to
5    litigate after it became clearly so.
6        (6) The hearing officer may issue a recommended order
7    of dismissal with prejudice or a recommended order of
8    default as a sanction for the failure of a party to
9    prosecute the party's his or her case, file a required
10    pleading, appear at a hearing, or otherwise comply with
11    this Act, the rules of the Commission, or a previous order
12    of the hearing officer.
13(Source: P.A. 92-472, eff. 1-1-02.)
 
14    (775 ILCS 5/10-101)  (from Ch. 68, par. 10-101)
15    Sec. 10-101. Applicability. With the exception of Sections
16Section 10-104 and 10-105, this Article shall apply solely to
17civil actions arising under Article 3 of this Act.
18(Source: P.A. 93-1017, eff. 8-24-04.)
 
19    (775 ILCS 5/10-102)  (from Ch. 68, par. 10-102)
20    Sec. 10-102. Court Actions.
21    (A) Circuit Court Actions.
22        (1) An aggrieved party may commence a civil action in
23    an appropriate Circuit Court not later than 2 years after
24    the occurrence or the termination of an alleged civil

 

 

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1    rights violation or the breach of a conciliation or
2    settlement agreement entered into under this Act,
3    whichever occurs last, to obtain appropriate relief with
4    respect to the alleged civil rights violation or breach.
5    The plaintiff or defendant may demand trial by jury for
6    civil actions brought under this subsection. Venue for
7    such civil action shall be determined under Section
8    8-111(A)(1).
9        (2) The computation of such 2-year period shall not
10    include any time during which an administrative proceeding
11    under this Act was pending with respect to a complaint or
12    charge under this Act based upon the alleged civil rights
13    violation. This paragraph does not apply to actions
14    arising from a breach of a conciliation or settlement
15    agreement.
16        (3) An aggrieved party may commence a civil action
17    under this subsection whether or not a charge has been
18    filed under Section 7B-102 and without regard to the
19    status of any such charge, however, if the Department or
20    local agency has obtained a conciliation or settlement
21    agreement with the consent of an aggrieved party, no
22    action may be filed under this subsection by such
23    aggrieved party with respect to the alleged civil rights
24    violation practice which forms the basis for such
25    complaint except for the purpose of enforcing the terms of
26    such conciliation or settlement agreement.

 

 

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1        (4) An aggrieved party shall not commence a civil
2    action under this subsection with respect to an alleged
3    civil rights violation which forms the basis of a
4    complaint issued by the Department if a hearing officer
5    has commenced a hearing on the record under Article 3 of
6    this Act with respect to such complaint.
7    (B) Appointment of Attorney by Court. Upon application by
8a person alleging a civil rights violation or a person against
9whom the civil rights violation is alleged, if in the opinion
10of the court such person is financially unable to bear the
11costs of such action, the court may:
12        (1) appoint an attorney for such person, any attorney
13    so appointed may petition for an award of attorneys fees
14    pursuant to subsection (C)(2) of this Section; or
15        (2) authorize the commencement or continuation of a
16    civil action under subsection (A) without the payment of
17    fees, costs, or security.
18    (C) Relief which may be granted.
19        (1) In a civil action under subsection (A) if the
20    court finds that a civil rights violation has occurred or
21    is about to occur, the court may award to the plaintiff
22    actual and punitive damages, and may grant as relief, as
23    the court deems appropriate, any permanent or preliminary
24    injunction, temporary restraining order, or other order,
25    including an order enjoining the defendant from engaging
26    in such civil rights violation or ordering such

 

 

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1    affirmative action as may be appropriate.
2        (2) In a civil action under subsection (A), the court,
3    in its discretion, may allow the prevailing party, other
4    than the State of Illinois, reasonable attorneys fees and
5    costs. The State of Illinois shall be liable for such fees
6    and costs to the same extent as a private person.
7    (D) Intervention by the Attorney General By The
8Department. If the Department certifies that the case is of
9general public importance, the The Attorney General of
10Illinois may seek to intervene on behalf of the Department in a
11civil action filed by a complainant in State or federal court
12under this Section if the Department certifies that the case
13is of general public importance. Upon such intervention, the
14court may award any of the remedies set forth in Section 8B-104
15and subsection (B) of Section 10-104 such relief as is
16authorized to be granted to a plaintiff in a civil action under
17Section 10-102(C).
18(Source: P.A. 101-661, eff. 4-2-21; 102-706, eff. 4-22-22.)
 
19    (775 ILCS 5/10-105 new)
20    Sec. 10-105. Intervention by the Attorney General. If the
21Department certifies that the case is of general public
22importance, the Attorney General may seek to intervene on
23behalf of the Department in a civil action filed by a
24complainant in State or federal court under Section 7A-102.
25Upon such intervention, the court or jury may award any of the

 

 

HB3135 Engrossed- 38 -LRB103 27775 LNS 54153 b

1remedies set forth in Section 8A-104 and subsection (B) of
2Section 10-104.