95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1509

 

Introduced 2/22/2007, by Rep. Barbara Flynn Currie

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/7A-102   from Ch. 68, par. 7A-102
775 ILCS 5/7A-103   from Ch. 68, par. 7A-103
775 ILCS 5/7B-102   from Ch. 68, par. 7B-102
775 ILCS 5/7B-103   from Ch. 68, par. 7B-103
775 ILCS 5/8-103   from Ch. 68, par. 8-103
775 ILCS 5/8-110   from Ch. 68, par. 8-110
775 ILCS 5/8-111   from Ch. 68, par. 8-111
775 ILCS 5/7-101.1 rep.

    Amends the Illinois Human Rights Act. Provides that review of certain decisions of the Director of Human Rights regarding charges shall be conducted by the Human Rights Commission, rather than the Chief Legal Counsel of the Department of Human Rights. Makes corresponding changes elsewhere in the Act. Authorizes complainants to commence a civil action in the appropriate circuit court instead of filing a complaint with the Human Rights Commission. Provides that, if complaint is filed with the Commission, a complainant may not later commence a civil action in a circuit court. Contains applicability provisions. Makes other changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1509 LRB095 04301 AJO 27307 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, 7A-103, 7B-102, 7B-103, 8-103,
6 8-110, and 8-111 as follows:
 
7     (775 ILCS 5/7A-102)  (from Ch. 68, par. 7A-102)
8     Sec. 7A-102. Procedures.
9     (A) Charge.
10         (1) Within 180 days after the date that a civil rights
11     violation allegedly has been committed, a charge in writing
12     under oath or affirmation may be filed with the Department
13     by an aggrieved party or issued by the Department itself
14     under the signature of the Director.
15         (2) The charge shall be in such detail as to
16     substantially apprise any party properly concerned as to
17     the time, place, and facts surrounding the alleged civil
18     rights violation.
19     (A-1) Equal Employment Opportunity Commission Charges. A
20 charge filed with the Equal Employment Opportunity Commission
21 within 180 days after the date of the alleged civil rights
22 violation shall be deemed filed with the Department on the date
23 filed with the Equal Employment Opportunity Commission. Upon

 

 

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

 

 

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

 

 

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

 

 

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1         (2) The Director or his or her designated
2     representatives 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         (3) 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 is provided for in the taking of
13     depositions in civil cases in circuit courts.
14         (4) Upon reasonable notice to the complainant and the
15     respondent, the Department shall conduct a fact finding
16     conference prior to 365 days after the date on which the
17     charge was filed, unless the Director has determined
18     whether there is substantial evidence that the alleged
19     civil rights violation has been committed or the charge has
20     been dismissed for lack of jurisdiction. If the parties
21     agree in writing, the fact finding conference may be held
22     at a time after the 365 day limit. Any party's failure to
23     attend the conference without good cause shall result in
24     dismissal or default. The term "good cause" shall be
25     defined by rule promulgated by the Department. A notice of
26     dismissal or default shall be issued by the Director and

 

 

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1     shall notify the relevant party that a request for review
2     may be filed in writing with the Commission Chief Legal
3     Counsel of the Department within 30 days of receipt of
4     notice of dismissal or default.
5     (D) Report.
6         (1) Each charge shall be the subject of a report to the
7     Director. The report shall be a confidential document
8     subject to review by the Director, authorized Department
9     employees, the parties, and, where indicated by this Act,
10     members of the Commission or their designated hearing
11     officers.
12         (2) Upon review of the report, the Director shall
13     determine whether there is substantial evidence that the
14     alleged civil rights violation has been committed. The
15     determination of substantial evidence is limited to
16     determining the need for further consideration of the
17     charge pursuant to this Act and includes, but is not
18     limited to, findings of fact and conclusions, as well as
19     the reasons for the determinations on all material issues.
20     Substantial evidence is evidence which a reasonable mind
21     accepts as sufficient to support a particular conclusion
22     and which consists of more than a mere scintilla but may be
23     somewhat less than a preponderance.
24         (3) (a) If the Director determines that there is no
25     substantial evidence, the charge shall be dismissed by
26     order of the Director and the Director shall give the

 

 

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1     complainant notice of his or her right to notified that he
2     or she may seek review of the dismissal order before the
3     Commission or commence a civil action in the appropriate
4     circuit court. If the complainant chooses to have the Human
5     Rights Commission review the dismissal order, he or she
6     shall file a request for review with the Commission within
7     30 days after receipt of the Director's notice. If the
8     complainant chooses to file a request for review with the
9     Commission, he or she may not later commence a civil action
10     in a circuit court. If the complainant chooses to commence
11     a civil action in a circuit court, he or she must do so
12     within 90 days after receipt of the Director's notice Chief
13     Legal Counsel of the Department. The complainant shall have
14     30 days from receipt of notice to file a request for review
15     by the Chief Legal Counsel of the Department.
16         (4) If the Director determines that there is
17     substantial evidence, he or she shall notify the
18     complainant and respondent of that determination. The
19     Director shall also notify the parties that the complainant
20     has the right to either commence a civil action in the
21     appropriate circuit court or request that the Department of
22     Human Rights file a complaint with the Human Rights
23     Commission on his or her behalf. Any such complaint shall
24     be filed within 90 days after receipt of the Director's
25     notice. If the complainant chooses to file with the
26     Commission, the Department shall file the complaint on his

 

 

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

 

 

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1     with the Commission or the circuit court.
2     (F) Complaint.
3         (1) When the complainant requests that the Department
4     file a complaint with the Commission on his or her behalf
5     there is a failure to settle or adjust any charge through
6     conciliation, the Department shall prepare a written
7     complaint, under oath or affirmation, stating the nature of
8     the civil rights violation substantially as alleged in the
9     charge previously filed and the relief sought on behalf of
10     the aggrieved party. The Department shall file the
11     complaint with the Commission.
12         (2) If the complainant chooses to commence a civil
13     action in a circuit court, he or she must do so in the
14     circuit court in the county wherein the civil rights
15     violation was allegedly committed. The form of the
16     complaint in any such civil action shall be in accordance
17     with the Illinois Code of Civil Procedure The complaint
18     shall be filed with the Commission.
19     (G) Time Limit.
20         (1) When a charge of a civil rights violation has been
21     properly filed, the Department, within 365 days thereof or
22     within any extension of that period agreed to in writing by
23     all parties, shall issue its report as required by
24     subparagraph (D) either issue and file a complaint in the
25     manner and form set forth in this Section or shall order
26     that no complaint be issued and dismiss the charge with

 

 

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1     prejudice without any further right to proceed except in
2     cases in which the order was procured by fraud or duress.
3     Any such report order shall be duly served upon both the
4     complainant and the respondent.
5         (2) If the Department has not issued its report within
6     365 days, the complainant shall have 90 days to either file
7     his or her own complaint with the Human Rights Commission
8     or commence a civil action in the appropriate circuit
9     court. If the complainant files a complaint with the
10     Commission, the Between 365 and 395 days after the charge
11     is filed, or such longer period agreed to in writing by all
12     parties, the aggrieved party may file a complaint with the
13     Commission, if the Director has not sooner issued a report
14     and determination pursuant to paragraphs (D)(1) and (D)(2)
15     of this Section. The form of the complaint shall be in
16     accordance with the provisions of paragraph (F). If the
17     complainant commences a civil action in a circuit court,
18     the form of the complaint shall be in accordance with the
19     Illinois Code of Civil Procedure. The aggrieved party shall
20     notify the Department that a complaint has been filed and
21     shall serve a copy of the complaint on the Department on
22     the same date that the complaint is filed with the
23     Commission or in circuit court. If the complainant files a
24     complaint with the Commission, he or she may not later
25     commence a civil action in circuit court.
26         (3) If an aggrieved party files a complaint with the

 

 

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1     Human Rights Commission or commences a civil action in
2     circuit court pursuant to paragraph (2) of this subsection,
3     or if the time period for filing a complaint has expired,
4     the Department shall immediately cease its investigation
5     and dismiss the charge of civil rights violation. Any final
6     order entered by the Commission Chief Legal Counsel under
7     this Section is appealable in accordance with paragraph
8     (B)(1) (A)(1) of Section 8-111. Failure to immediately
9     cease an investigation and dismiss the charge of civil
10     rights violation as provided in this paragraph (3)
11     constitutes grounds for entry of an order by the circuit
12     court permanently enjoining the investigation. The
13     Department may also be liable for any costs and other
14     damages incurred by the respondent as a result of the
15     action of the Department.
16         (4) The Department shall stay any administrative
17     proceedings under this Section after the filing of a civil
18     action by or on behalf of the aggrieved party under any
19     federal or State law seeking relief with respect to the
20     alleged civil rights violation.
21     (H) This amendatory Act of 1995 applies to causes of action
22 filed on or after January 1, 1996.
23     (I) This amendatory Act of 1996 applies to causes of action
24 filed on or after January 1, 1996.
25     (J) The changes made to this Section by this amendatory Act
26 of the 95th General Assembly apply to charges filed on or after

 

 

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1 the effective date of those changes.
2 (Source: P.A. 94-146, eff. 7-8-05; 94-326, eff. 7-26-05;
3 94-857, eff. 6-15-06.)
 
4     (775 ILCS 5/7A-103)  (from Ch. 68, par. 7A-103)
5     Sec. 7A-103. Settlement.
6     (A) Circumstances. A settlement of any charge prior to the
7 filing of a complaint may be effectuated at any time upon
8 agreement of the parties and the approval of the Department. A
9 settlement of any charge after the filing of a complaint shall
10 be effectuated as specified in Section 8-105(A)(2) of this Act.
11     (B) Form. Settlements of charges prior to the filing of
12 complaints shall be reduced to writing by the Department,
13 signed by the parties, and submitted by the Department to the
14 Commission for approval. Settlements of charges after the
15 filing of complaints shall be effectuated as specified in
16 Section 8-105(A)(2) of this Act.
17     (C) Violation.
18         (1) When either party alleges that a settlement order
19     has been violated, the Department shall conduct an
20     investigation into the matter.
21         (2) Upon finding substantial evidence to demonstrate
22     that a settlement has been violated, the Department shall
23     file notice of a settlement order violation with the
24     Commission and serve all parties.
25     (D) Dismissal For Refusal To Accept Settlement Offer. The

 

 

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1 Department shall dismiss a charge if it is satisfied that:
2         (1) the respondent has eliminated the effects of the
3     civil rights violation charged and taken steps to prevent
4     its repetition; or
5         (2) the respondent offers and the complainant declines
6     to accept terms of settlement which the Department finds
7     are sufficient to eliminate the effects of the civil rights
8     violation charged and prevent its repetition.
9      When the Department dismisses a charge under this Section
10 it shall notify the complainant that he or she may seek review
11 of the dismissal order before the Commission Chief Legal
12 Counsel of the Department. The complainant shall have 30 days
13 from receipt of notice to file a request for review by the
14 Commission Chief Legal Counsel of the Department.
15      In determining whether the respondent has eliminated the
16 effects of the civil rights violation charged, or has offered
17 terms of settlement sufficient to eliminate same, the
18 Department shall consider the extent to which the respondent
19 has either fully provided, or reasonably offered by way of
20 terms of settlement, as the case may be, the relevant relief
21 available to the complainant under Section 8-108 of this Act.
22     (E) This amendatory Act of 1995 applies to causes of action
23 filed on or after January 1, 1996.
24     (F) The changes made to this Section by this amendatory Act
25 of the 95th General Assembly apply to charges filed on or after
26 the effective date of those changes.

 

 

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1 (Source: P.A. 91-357, eff. 7-29-99.)
 
2     (775 ILCS 5/7B-102)  (from Ch. 68, par. 7B-102)
3     Sec. 7B-102. Procedures.
4     (A) Charge.
5         (1) Within one year after the date that a civil rights
6     violation allegedly has been committed or terminated, a
7     charge in writing under oath or affirmation may be filed
8     with the Department by an aggrieved party or issued by the
9     Department itself under the signature of the Director.
10         (2) The charge shall be in such detail as to
11     substantially apprise any party properly concerned as to
12     the time, place, and facts surrounding the alleged civil
13     rights violation.
14     (B) Notice and Response to Charge.
15         (1) The Department shall serve notice upon the
16     aggrieved party acknowledging such charge and advising the
17     aggrieved party of the time limits and choice of forums
18     provided under this Act. The Department shall, within 10
19     days of the date on which the charge was filed or the
20     identification of an additional respondent under paragraph
21     (2) of this subsection, serve on the respondent a copy of
22     the charge along with a notice identifying the alleged
23     civil rights violation and advising the respondent of the
24     procedural rights and obligations of respondents under
25     this Act and shall require the respondent to file a

 

 

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1     verified response to the allegations contained in the
2     charge within 30 days. The respondent shall serve a copy of
3     its response on the complainant or his representative. All
4     allegations contained in the charge not timely denied by
5     the respondent shall be deemed admitted, unless the
6     respondent states that it is without sufficient
7     information to form a belief with respect to such
8     allegation. The Department may issue a notice of default
9     directed to any respondent who fails to file a verified
10     response to a charge within 30 days of the date on which
11     the charge was filed, unless the respondent can demonstrate
12     good cause as to why such notice should not issue. The term
13     "good cause" shall be defined by rule promulgated by the
14     Department. Within 10 days of the date he receives the
15     respondent's response, the complainant may file his reply
16     to said response. If he chooses to file a reply, the
17     complainant shall serve a copy of said reply on the
18     respondent or his representative. A party shall have the
19     right to supplement his response or reply at any time that
20     the investigation of the charge is pending.
21         (2) A person who is not named as a respondent in a
22     charge, but who is identified as a respondent in the course
23     of investigation, may be joined as an additional or
24     substitute respondent upon written notice, under
25     subsection (B), to such person, from the Department. Such
26     notice, in addition to meeting the requirements of

 

 

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1     subsections (A) and (B), shall explain the basis for the
2     Department's belief that a person to whom the notice is
3     addressed is properly joined as a respondent.
4     (C) Investigation.
5         (1) The Department shall conduct a full investigation
6     of the allegations set forth in the charge and complete
7     such investigation within 100 days after the filing of the
8     charge, unless it is impracticable to do so. The
9     Department's failure to complete the investigation within
10     100 days after the proper filing of the charge does not
11     deprive the Department of jurisdiction over the charge.
12         (2) If the Department is unable to complete the
13     investigation within 100 days after the charge is filed,
14     the Department shall notify the complainant and respondent
15     in writing of the reasons for not doing so.
16         (3) The Director or his or her designated
17     representative shall have authority to request any member
18     of the Commission to issue subpoenas to compel the
19     attendance of a witness or the production for examination
20     of any books, records or documents whatsoever.
21         (4) If any witness whose testimony is required for any
22     investigation resides outside the State, or through
23     illness or any other good cause as determined by the
24     Director is unable to be interviewed by the investigator or
25     appear at a fact finding conference, his or her testimony
26     or deposition may be taken, within or without the State, in

 

 

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1     the same manner as provided for in the taking of
2     depositions in civil cases in circuit courts.
3         (5) Upon reasonable notice to the complainant and the
4     respondent, the Department shall conduct a fact finding
5     conference, unless prior to 100 days from the date on which
6     the charge was filed, the Director has determined whether
7     there is substantial evidence that the alleged civil rights
8     violation has been committed. A party's failure to attend
9     the conference without good cause may result in dismissal
10     or default. A notice of dismissal or default shall be
11     issued by the Director and shall notify the relevant party
12     that a request for review may be filed in writing with the
13     Commission Chief Legal Counsel of the Department within 30
14     days of receipt of notice of dismissal or default.
15     (D) Report.
16         (1) Each investigated charge shall be the subject of a
17     report to the Director. The report shall be a confidential
18     document subject to review by the Director, authorized
19     Department employees, the parties, and, where indicated by
20     this Act, members of the Commission or their designated
21     hearing officers.
22             The report shall contain:
23             (a) the names and dates of contacts with witnesses;
24             (b) a summary and the date of correspondence and
25         other contacts with the aggrieved party and the
26         respondent;

 

 

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1             (c) a summary description of other pertinent
2         records;
3             (d) a summary of witness statements; and
4             (e) answers to questionnaires.
5         A final report under this paragraph may be amended if
6     additional evidence is later discovered.
7         (2) Upon review of the report and within 100 days of
8     the filing of the charge, unless it is impracticable to do
9     so, the Director shall determine whether there is
10     substantial evidence that the alleged civil rights
11     violation has been committed or is about to be committed.
12     If the Director is unable to make the determination within
13     100 days after the filing of the charge, the Director shall
14     notify the complainant and respondent in writing of the
15     reasons for not doing so. The Director's failure to make
16     the determination within 100 days after the proper filing
17     of the charge does not deprive the Department of
18     jurisdiction over the charge.
19             (a) If the Director determines that there is no
20         substantial evidence, the charge shall be dismissed
21         and the aggrieved party notified that he or she may
22         seek review of the dismissal order before the
23         Commission. The aggrieved party shall have 30 days from
24         receipt of notice to file a request for review by the
25         Commission Chief Legal Counsel of the Department. The
26         Director shall make public disclosure of each such

 

 

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1         dismissal.
2             (b) If the Director determines that there is
3         substantial evidence, he or she shall immediately
4         issue a complaint on behalf of the aggrieved party
5         pursuant to subsection (F).
6     (E) Conciliation.
7         (1) During the period beginning with the filing of
8     charge and ending with the filing of a complaint or a
9     dismissal by the Department, the Department shall, to the
10     extent feasible, engage in conciliation with respect to
11     such charge.
12         When the Department determines that a formal
13     conciliation conference is feasible, the aggrieved party
14     and respondent shall be notified of the time and place of
15     the conference by registered or certified mail at least 7
16     days prior thereto and either or both parties shall appear
17     at the conference in person or by attorney.
18         (2) The place fixed for the conference shall be within
19     35 miles of the place where the civil rights violation is
20     alleged to have been committed.
21         (3) Nothing occurring at the conference shall be made
22     public or used as evidence in a subsequent proceeding for
23     the purpose of proving a violation under this Act unless
24     the complainant and respondent agree in writing that such
25     disclosure be made.
26         (4) A conciliation agreement arising out of such

 

 

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1     conciliation shall be an agreement between the respondent
2     and the complainant, and shall be subject to approval by
3     the Department and Commission.
4         (5) A conciliation agreement may provide for binding
5     arbitration of the dispute arising from the charge. Any
6     such arbitration that results from a conciliation
7     agreement may award appropriate relief, including monetary
8     relief.
9         (6) Each conciliation agreement shall be made public
10     unless the complainant and respondent otherwise agree and
11     the Department determines that disclosure is not required
12     to further the purpose of this Act.
13     (F) Complaint.
14         (1) When there is a failure to settle or adjust any
15     charge through a conciliation conference and the charge is
16     not dismissed, the Department shall prepare a written
17     complaint, under oath or affirmation, stating the nature of
18     the civil rights violation and the relief sought on behalf
19     of the aggrieved party. Such complaint shall be based on
20     the final investigation report and need not be limited to
21     the facts or grounds alleged in the charge filed under
22     subsection (A).
23         (2) The complaint shall be filed with the Commission.
24         (3) The Department may not issue a complaint under this
25     Section regarding an alleged civil rights violation after
26     the beginning of the trial of a civil action commenced by

 

 

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1     the aggrieved party under any State or federal law, seeking
2     relief with respect to that alleged civil rights violation.
3     (G) Time Limit.
4         (1) When a charge of a civil rights violation has been
5     properly filed, the Department, within 100 days thereof,
6     unless it is impracticable to do so, shall either issue and
7     file a complaint in the manner and form set forth in this
8     Section or shall order that no complaint be issued. Any
9     such order shall be duly served upon both the aggrieved
10     party and the respondent. The Department's failure to
11     either issue and file a complaint or order that no
12     complaint be issued within 100 days after the proper filing
13     of the charge does not deprive the Department of
14     jurisdiction over the charge.
15         (2) The Director shall make available to the aggrieved
16     party and the respondent, at any time, upon request
17     following completion of the Department's investigation,
18     information derived from an investigation and any final
19     investigative report relating to that investigation.
20     (H) This amendatory Act of 1995 applies to causes of action
21 filed on or after January 1, 1996.
22     (I) The changes made to this Section by this amendatory Act
23 of the 95th General Assembly apply to charges filed on or after
24 the effective date of those changes.
25 (Source: P.A. 94-326, eff. 7-26-05; 94-857, eff. 6-15-06.)
 

 

 

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1     (775 ILCS 5/7B-103)  (from Ch. 68, par. 7B-103)
2     Sec. 7B-103. Settlement.
3     (A) Circumstances. A settlement of any charge prior to the
4 filing of a complaint may be effectuated at any time upon
5 agreement of the parties and the approval of the Department. A
6 settlement of any charge after the filing of complaint shall be
7 effectuated as specified in Section 8-105 (A) (2) of this Act.
8     (B) Form. Settlements of charges prior to the filing of
9 complaints shall be reduced to writing by the Department,
10 signed by the parties, and submitted by the Department to the
11 Commission for approval. Settlements of charges after the
12 filing of complaints shall be effectuated as specified in
13 Section 8-105 (A) (2) of this Act.
14     (C) Violation.
15         (1) When either party alleges that a settlement order
16     has been violated, the Department shall conduct an
17     investigation into the matter.
18         (2) Upon finding substantial evidence to demonstrate
19     that a settlement has been violated, the Department shall
20     refer the matter to the Attorney General for enforcement in
21     the circuit court in which the respondent or complainant
22     resides or transacts business or in which the alleged
23     violation took place.
24     (D) Dismissal For Refusal To Accept Settlement Offer. The
25 Department may dismiss a charge if it is satisfied that:
26         (1) the respondent has eliminated the effects of the

 

 

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1     civil rights violation charged and taken steps to prevent
2     its repetition; or
3         (2) the respondent offers and the aggrieved party
4     declines to accept terms of settlement which the Department
5     finds are sufficient to eliminate the effects of the civil
6     rights violation charged and prevent its repetition.
7         (3) When the Department dismisses a charge under this
8     Section it shall notify the complainant that he or she may
9     seek review of the dismissal order before the Commission.
10     The aggrieved party shall have 30 days from receipt of
11     notice to file a request for review by the Commission Chief
12     Legal Counsel of the Department.
13         (4) In determining whether the respondent has
14     eliminated the effects of the civil rights violation
15     charged, or has offered terms of settlement sufficient to
16     eliminate same, the Department shall consider the extent to
17     which the respondent has either fully provided, or
18     reasonably offered by way of terms of settlement, as the
19     case may be, the relevant relief available to the aggrieved
20     party under Section 8B-104 of this Act with the exception
21     of civil penalties.
22     (E) This amendatory Act of 1995 applies to causes of action
23 filed on or after January 1, 1996.
24     (F) The changes made to this Section by this amendatory Act
25 of the 95th General Assembly apply to charges filed on or after
26 the effective date of those changes.

 

 

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1 (Source: P.A. 89-370, eff. 8-18-95.)
 
2     (775 ILCS 5/8-103)  (from Ch. 68, par. 8-103)
3     Sec. 8-103. Request for Review.
4     (A) Applicability. This Section does not apply to any cause
5 of action filed on or after January 1, 1996.
6     (A-1) Jurisdiction. The Commission, through a panel of
7 three members, shall have jurisdiction to hear and determine
8 requests for review of (1) decisions of the Department to
9 dismiss a charge; and (2) notices of default issued by the
10 Department.
11     In each instance, the Department shall be the respondent.
12     (B) Review. When a request for review is properly filed,
13 the Commission may consider the Department's report, any
14 argument and supplemental evidence timely submitted, and the
15 results of any additional investigation conducted by the
16 Department in response to the request. In its discretion, the
17 Commission may designate a hearing officer to conduct a hearing
18 into the factual basis of the matter at issue.
19     (C) Default Order. When a respondent fails to file a timely
20 request for review of a notice of default, or the default is
21 sustained on review, the Commission shall enter a default order
22 and set a hearing on damages.
23     (D) Time Period Toll. Proceedings on requests for review
24 shall toll the time limitation established in paragraph (G) of
25 Section 7A-102 from the date on which the Department's notice

 

 

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1 of dismissal or default is issued to the date on which the
2 Commission's order is entered.
3     (E) The changes made to this Section by this amendatory Act
4 of the 95th General Assembly apply to charges, complaints, or
5 other proceedings filed with the Department or Commission on or
6 after the effective date of those changes.
7 (Source: P.A. 89-370, eff. 8-18-95.)
 
8     (775 ILCS 5/8-110)  (from Ch. 68, par. 8-110)
9     Sec. 8-110. Publication of Opinions. Decisions of the
10 Commission or panels thereof, whether on requests for review or
11 complaints, shall be published within 120 calendar days of the
12 completion of service of the written decision on the parties to
13 ensure assure a consistent source of precedent.
14     This amendatory Act of 1995 applies to causes of action
15 filed on or after January 1, 1996.
16     The changes made to this Section by this amendatory Act of
17 the 95th General Assembly apply to decisions of the Commission
18 entered on or after the effective date of those changes.
19 (Source: P.A. 89-370, eff. 8-18-95.)
 
20     (775 ILCS 5/8-111)  (from Ch. 68, par. 8-111)
21     Sec. 8-111. Court Proceedings.
22     (A) Civil Actions Commenced in Circuit Court.
23         (1) Venue. Civil actions commenced in a circuit court
24     pursuant to section 7A-102 shall be commenced in the

 

 

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1     circuit court for the district in which the civil rights
2     violation was allegedly committed.
3         (2) If a civil action is commenced in a circuit court,
4     the form of the complaint shall be in accordance with
5     Illinois Code of Civil Procedure.
6         (3) Civil actions commenced in a circuit court pursuant
7     to section 7A-102 shall be tried by a judge without a jury.
8         (4) Remedies. Upon the finding of a civil rights
9     violation, the circuit court may order any of the remedies
10     set forth in section 8A-104.
11     (B) (A) (1) Judicial Review.
12         (1) Any complainant or respondent may apply for and
13     obtain judicial review of a any final order of the
14     Commission entered under this Act by filing a petition for
15     review in the Appellate Court within 35 days from the date
16     that a copy of the decision sought to be reviewed was
17     served upon the party affected by the decision. If a
18     3-member panel or the full Commission finds that an
19     interlocutory order involves a question of law as to which
20     there is substantial ground for difference of opinion and
21     that an immediate appeal from the order may materially
22     advance the ultimate termination of the litigation, any
23     party may petition the Appellate Court for permission to
24     appeal the order. The procedure for obtaining the required
25     Commission findings and the permission of the Appellate
26     Court shall be governed by Supreme Court Rule 308, except

 

 

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1     the references to the "trial court" shall be understood as
2     referring to the Commission.
3         (2) In any proceeding brought for judicial review, the
4     Commission's findings of fact made at the administrative
5     level shall be sustained unless the court determines that
6     such findings are contrary to the manifest weight of the
7     evidence.
8         (3) Venue. Proceedings for judicial review shall be
9     commenced in the appellate court for the district wherein
10     the civil rights violation which is the subject of the
11     Commission's order was allegedly committed.
12     (C) (B) Judicial Enforcement.
13         (1) When the Commission, at the instance of the
14     Department or an aggrieved party, concludes that any person
15     has violated a valid order of the Commission issued
16     pursuant to this Act, and the violation and its effects are
17     not promptly corrected, the Commission, through a panel of
18     3 members, shall order the Department to commence an action
19     in the name of the People of the State of Illinois by
20     complaint, alleging the violation, attaching a copy of the
21     order of the Commission and praying for the issuance of an
22     order directing such person, his or her or its officers,
23     agents, servants, successors and assigns to comply with the
24     order of the Commission.
25         (2) An aggrieved party may file a complaint for
26     enforcement of a valid order of the Commission directly in

 

 

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1     Circuit Court.
2         (3) Upon the commencement of an action filed under
3     paragraphs (1) or (2) of subsection (B) of this Section the
4     court shall have jurisdiction over the proceedings and
5     power to grant or refuse, in whole or in part, the relief
6     sought or impose such other remedy as the court may deem
7     proper.
8         (4) The court may stay an order of the Commission in
9     accordance with the applicable Supreme Court rules,
10     pending disposition of the proceedings.
11         (5) The court may punish for any violation of its order
12     as in the case of civil contempt.
13         (6) Venue. Proceedings for judicial enforcement of a
14     Commission order shall be commenced in the circuit court in
15     the county wherein the civil rights violation which is the
16     subject of the Commission's order was committed.
17     (D) (C) Limitation. Except as otherwise provided by law, no
18 court of this state shall have jurisdiction over the subject of
19 an alleged civil rights violation other than as set forth in
20 this Act.
21     (E) (D) This amendatory Act of 1996 applies to causes of
22 action filed on or after January 1, 1996.
23     (F) The changes made to this Section by this amendatory Act
24 of the 95th General Assembly apply to charges, complaints, or
25 other proceedings filed with the Department or the Commission
26 on or after the effective date of those changes.

 

 

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1 (Source: P.A. 88-1; 89-348, eff. 1-1-96; 89-520, eff. 7-18-96.)
 
2     (775 ILCS 5/7-101.1 rep.)
3     Section 10. The Illinois Human Rights Act is amended by
4 repealing Section 7-101.1.