HB1509 Engrossed 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 have the Department
26     file a complaint with the Human Rights Commission on his or

 

 

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1     her behalf, the complainant must, within 14 days after
2     receipt of the Director's notice, request in writing that
3     the Department file the complaint. If the complainant
4     timely requests that the Department file the complaint, the
5     Department shall file the complaint on his or her behalf.
6     If the complainant fails to timely request that the
7     Department file the complaint, the complainant may only
8     commence a civil action in the appropriate circuit court.
9     (E) Conciliation.
10          (1) When (b) If the Director determines that there is
11     a finding of substantial evidence, the Department may he or
12     she shall designate a Department employee who is an
13     attorney licensed to practice in Illinois to endeavor to
14     eliminate the effect of the alleged civil rights violation
15     and to prevent its repetition by means of conference and
16     conciliation.
17     (E) Conciliation.
18         (2) (1) When the Department determines that a formal
19     conciliation conference is necessary, the complainant and
20     respondent shall be notified of the time and place of the
21     conference by registered or certified mail at least 10 days
22     prior thereto and either or both parties shall appear at
23     the conference in person or by attorney.
24         (3) (2) The place fixed for the conference shall be
25     within 35 miles of the place where the civil rights
26     violation is alleged to have been committed.

 

 

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1         (4) (3) Nothing occurring at the conference shall be
2     disclosed by the Department unless the complainant and
3     respondent agree in writing that such disclosure be made.
4         (5) The Department's efforts to conciliate the matter
5     shall not stay or extend the time for filing the complaint
6     with the Commission or the circuit court.
7     (F) Complaint.
8         (1) When the complainant requests that the Department
9     file a complaint with the Commission on his or her behalf
10     there is a failure to settle or adjust any charge through
11     conciliation, the Department shall prepare a written
12     complaint, under oath or affirmation, stating the nature of
13     the civil rights violation substantially as alleged in the
14     charge previously filed and the relief sought on behalf of
15     the aggrieved party. The Department shall file the
16     complaint with the Commission.
17         (2) If the complainant chooses to commence a civil
18     action in a circuit court, he or she must do so in the
19     circuit court in the county wherein the civil rights
20     violation was allegedly committed. The form of the
21     complaint in any such civil action shall be in accordance
22     with the Illinois Code of Civil Procedure The complaint
23     shall be filed with the Commission.
24     (G) Time Limit.
25         (1) When a charge of a civil rights violation has been
26     properly filed, the Department, within 365 days thereof or

 

 

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1     within any extension of that period agreed to in writing by
2     all parties, shall issue its report as required by
3     subparagraph (D) either issue and file a complaint in the
4     manner and form set forth in this Section or shall order
5     that no complaint be issued and dismiss the charge with
6     prejudice without any further right to proceed except in
7     cases in which the order was procured by fraud or duress.
8     Any such report order shall be duly served upon both the
9     complainant and the respondent.
10         (2) If the Department has not issued its report within
11     365 days after the charge is filed, or any such longer
12     period agreed to in writing by all the parties, the
13     complainant shall have 90 days to either file his or her
14     own complaint with the Human Rights Commission or commence
15     a civil action in the appropriate circuit court. If the
16     complainant files a complaint with the Commission, the
17     Between 365 and 395 days after the charge is filed, or such
18     longer period agreed to in writing by all parties, the
19     aggrieved party may file a complaint with the Commission,
20     if the Director has not sooner issued a report and
21     determination pursuant to paragraphs (D)(1) and (D)(2) of
22     this Section. The form of the complaint shall be in
23     accordance with the provisions of paragraph (F)(1). If the
24     complainant commences a civil action in a circuit court,
25     the form of the complaint shall be in accordance with the
26     Illinois Code of Civil Procedure. The aggrieved party shall

 

 

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

 

 

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1     alleged civil rights violation.
2     (H) This amendatory Act of 1995 applies to causes of action
3 filed on or after January 1, 1996.
4     (I) This amendatory Act of 1996 applies to causes of action
5 filed on or after January 1, 1996.
6     (J) The changes made to this Section by this amendatory Act
7 of the 95th General Assembly apply to charges filed on or after
8 the effective date of those changes.
9 (Source: P.A. 94-146, eff. 7-8-05; 94-326, eff. 7-26-05;
10 94-857, eff. 6-15-06.)
 
11     (775 ILCS 5/7A-103)  (from Ch. 68, par. 7A-103)
12     Sec. 7A-103. Settlement.
13     (A) Circumstances. A settlement of any charge prior to the
14 filing of a complaint may be effectuated at any time upon
15 agreement of the parties and the approval of the Department. A
16 settlement of any charge after the filing of a complaint shall
17 be effectuated as specified in Section 8-105(A)(2) of this Act.
18     (B) Form. Settlements of charges prior to the filing of
19 complaints shall be reduced to writing by the Department,
20 signed by the parties, and submitted by the Department to the
21 Commission for approval. Settlements of charges after the
22 filing of complaints shall be effectuated as specified in
23 Section 8-105(A)(2) of this Act.
24     (C) Violation.
25         (1) When either party alleges that a settlement order

 

 

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1     has been violated, the Department shall conduct an
2     investigation into the matter.
3         (2) Upon finding substantial evidence to demonstrate
4     that a settlement has been violated, the Department shall
5     file notice of a settlement order violation with the
6     Commission and serve all parties.
7     (D) Dismissal For Refusal To Accept Settlement Offer. The
8 Department shall dismiss a charge if it is satisfied that:
9         (1) the respondent has eliminated the effects of the
10     civil rights violation charged and taken steps to prevent
11     its repetition; or
12         (2) the respondent offers and the complainant declines
13     to accept terms of settlement which the Department finds
14     are sufficient to eliminate the effects of the civil rights
15     violation charged and prevent its repetition.
16      When the Department dismisses a charge under this Section
17 it shall notify the complainant that he or she may seek review
18 of the dismissal order before the Commission Chief Legal
19 Counsel of the Department. The complainant shall have 30 days
20 from receipt of notice to file a request for review by the
21 Commission Chief Legal Counsel of the Department.
22      In determining whether the respondent has eliminated the
23 effects of the civil rights violation charged, or has offered
24 terms of settlement sufficient to eliminate same, the
25 Department shall consider the extent to which the respondent
26 has either fully provided, or reasonably offered by way of

 

 

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1 terms of settlement, as the case may be, the relevant relief
2 available to the complainant under Section 8-108 of this Act.
3     (E) This amendatory Act of 1995 applies to causes of action
4 filed on or after January 1, 1996.
5     (F) The changes made to this Section by this amendatory Act
6 of the 95th General Assembly apply to charges filed on or after
7 the effective date of those changes.
8 (Source: P.A. 91-357, eff. 7-29-99.)
 
9     (775 ILCS 5/7B-102)  (from Ch. 68, par. 7B-102)
10     Sec. 7B-102. Procedures.
11     (A) Charge.
12         (1) Within one year after the date that a civil rights
13     violation allegedly has been committed or terminated, a
14     charge in writing under oath or affirmation may be filed
15     with the Department by an aggrieved party or issued by the
16     Department itself under the signature of the Director.
17         (2) The charge shall be in such detail as to
18     substantially apprise any party properly concerned as to
19     the time, place, and facts surrounding the alleged civil
20     rights violation.
21     (B) Notice and Response to Charge.
22         (1) The Department shall serve notice upon the
23     aggrieved party acknowledging such charge and advising the
24     aggrieved party of the time limits and choice of forums
25     provided under this Act. The Department shall, within 10

 

 

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

 

 

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

 

 

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

 

 

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1     this Act, members of the Commission or their designated
2     hearing officers.
3             The report shall contain:
4             (a) the names and dates of contacts with witnesses;
5             (b) a summary and the date of correspondence and
6         other contacts with the aggrieved party and the
7         respondent;
8             (c) a summary description of other pertinent
9         records;
10             (d) a summary of witness statements; and
11             (e) answers to questionnaires.
12         A final report under this paragraph may be amended if
13     additional evidence is later discovered.
14         (2) Upon review of the report and within 100 days of
15     the filing of the charge, unless it is impracticable to do
16     so, the Director shall determine whether there is
17     substantial evidence that the alleged civil rights
18     violation has been committed or is about to be committed.
19     If the Director is unable to make the determination within
20     100 days after the filing of the charge, the Director shall
21     notify the complainant and respondent in writing of the
22     reasons for not doing so. The Director's failure to make
23     the determination within 100 days after the proper filing
24     of the charge does not deprive the Department of
25     jurisdiction over the charge.
26             (a) If the Director determines that there is no

 

 

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1         substantial evidence, the charge shall be dismissed
2         and the aggrieved party notified that he or she may
3         seek review of the dismissal order before the
4         Commission. The aggrieved party shall have 30 days from
5         receipt of notice to file a request for review by the
6         Commission Chief Legal Counsel of the Department. The
7         Director shall make public disclosure of each such
8         dismissal.
9             (b) If the Director determines that there is
10         substantial evidence, he or she shall immediately
11         issue a complaint on behalf of the aggrieved party
12         pursuant to subsection (F).
13     (E) Conciliation.
14         (1) During the period beginning with the filing of
15     charge and ending with the filing of a complaint or a
16     dismissal by the Department, the Department shall, to the
17     extent feasible, engage in conciliation with respect to
18     such charge.
19         When the Department determines that a formal
20     conciliation conference is feasible, the aggrieved party
21     and respondent shall be notified of the time and place of
22     the conference by registered or certified mail at least 7
23     days prior thereto and either or both parties shall appear
24     at the conference in person or by attorney.
25         (2) The place fixed for the conference shall be within
26     35 miles of the place where the civil rights violation is

 

 

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

 

 

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

 

 

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1     (H) This amendatory Act of 1995 applies to causes of action
2 filed on or after January 1, 1996.
3     (I) The changes made to this Section by this amendatory Act
4 of the 95th General Assembly apply to charges filed on or after
5 the effective date of those changes.
6 (Source: P.A. 94-326, eff. 7-26-05; 94-857, eff. 6-15-06.)
 
7     (775 ILCS 5/7B-103)  (from Ch. 68, par. 7B-103)
8     Sec. 7B-103. Settlement.
9     (A) Circumstances. A settlement of any charge prior to the
10 filing of a complaint may be effectuated at any time upon
11 agreement of the parties and the approval of the Department. A
12 settlement of any charge after the filing of complaint shall be
13 effectuated as specified in Section 8-105 (A) (2) of this Act.
14     (B) Form. Settlements of charges prior to the filing of
15 complaints shall be reduced to writing by the Department,
16 signed by the parties, and submitted by the Department to the
17 Commission for approval. Settlements of charges after the
18 filing of complaints shall be effectuated as specified in
19 Section 8-105 (A) (2) of this Act.
20     (C) Violation.
21         (1) When either party alleges that a settlement order
22     has been violated, the Department shall conduct an
23     investigation into the matter.
24         (2) Upon finding substantial evidence to demonstrate
25     that a settlement has been violated, the Department shall

 

 

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1     refer the matter to the Attorney General for enforcement in
2     the circuit court in which the respondent or complainant
3     resides or transacts business or in which the alleged
4     violation took place.
5     (D) Dismissal For Refusal To Accept Settlement Offer. The
6 Department may dismiss a charge if it is satisfied that:
7         (1) the respondent has eliminated the effects of the
8     civil rights violation charged and taken steps to prevent
9     its repetition; or
10         (2) the respondent offers and the aggrieved party
11     declines to accept terms of settlement which the Department
12     finds are sufficient to eliminate the effects of the civil
13     rights violation charged and prevent its repetition.
14         (3) When the Department dismisses a charge under this
15     Section it shall notify the complainant that he or she may
16     seek review of the dismissal order before the Commission.
17     The aggrieved party shall have 30 days from receipt of
18     notice to file a request for review by the Commission Chief
19     Legal Counsel of the Department.
20         (4) In determining whether the respondent has
21     eliminated the effects of the civil rights violation
22     charged, or has offered terms of settlement sufficient to
23     eliminate same, the Department shall consider the extent to
24     which the respondent has either fully provided, or
25     reasonably offered by way of terms of settlement, as the
26     case may be, the relevant relief available to the aggrieved

 

 

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1     party under Section 8B-104 of this Act with the exception
2     of civil penalties.
3     (E) This amendatory Act of 1995 applies to causes of action
4 filed on or after January 1, 1996.
5     (F) The changes made to this Section by this amendatory Act
6 of the 95th General Assembly apply to charges filed on or after
7 the effective date of those changes.
8 (Source: P.A. 89-370, eff. 8-18-95.)
 
9     (775 ILCS 5/8-103)  (from Ch. 68, par. 8-103)
10     Sec. 8-103. Request for Review.
11     (A) Applicability. This Section does not apply to any cause
12 of action filed on or after January 1, 1996.
13     (A-1) Jurisdiction. The Commission, through a panel of
14 three members, shall have jurisdiction to hear and determine
15 requests for review of (1) decisions of the Department to
16 dismiss a charge; and (2) notices of default issued by the
17 Department.
18     In each instance, the Department shall be the respondent.
19     (B) Review. When a request for review is properly filed,
20 the Commission may consider the Department's report, any
21 argument and supplemental evidence timely submitted, and the
22 results of any additional investigation conducted by the
23 Department in response to the request. In its discretion, the
24 Commission may designate a hearing officer to conduct a hearing
25 into the factual basis of the matter at issue.

 

 

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1     (C) Default Order. When a respondent fails to file a timely
2 request for review of a notice of default, or the default is
3 sustained on review, the Commission shall enter a default order
4 and set a hearing on damages.
5     (D) Time Period Toll. Proceedings on requests for review
6 shall toll the time limitation established in paragraph (G) of
7 Section 7A-102 from the date on which the Department's notice
8 of dismissal or default is issued to the date on which the
9 Commission's order is entered.
10     (E) The changes made to this Section by this amendatory Act
11 of the 95th General Assembly apply to charges or complaints
12 filed with the Department or Commission on or after the
13 effective date of those changes.
14 (Source: P.A. 89-370, eff. 8-18-95.)
 
15     (775 ILCS 5/8-110)  (from Ch. 68, par. 8-110)
16     Sec. 8-110. Publication of Opinions. Decisions of the
17 Commission or panels thereof, whether on requests for review or
18 complaints, shall be published within 120 calendar days of the
19 completion of service of the written decision on the parties to
20 ensure assure a consistent source of precedent.
21     This amendatory Act of 1995 applies to causes of action
22 filed on or after January 1, 1996.
23     The changes made to this Section by this amendatory Act of
24 the 95th General Assembly apply to decisions of the Commission
25 entered on or after the effective date of those changes.

 

 

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1 (Source: P.A. 89-370, eff. 8-18-95.)
 
2     (775 ILCS 5/8-111)  (from Ch. 68, par. 8-111)
3     Sec. 8-111. Court Proceedings.
4     (A) Civil Actions Commenced in Circuit Court.
5         (1) Venue. Civil actions commenced in a circuit court
6     pursuant to Section 7A-102 shall be commenced in the
7     circuit court in the county in which the civil rights
8     violation was allegedly committed.
9         (2) If a civil action is commenced in a circuit court,
10     the form of the complaint shall be in accordance with the
11     Code of Civil Procedure.
12         (3) If a civil action is commenced in a circuit court
13     under Section 7A-102, the plaintiff or defendant may demand
14     trial by jury.
15         (4) Remedies. Upon the finding of a civil rights
16     violation, the circuit court or jury may award any of the
17     remedies set forth in Section 8A-104.
18     (B) (A) (1) Judicial Review.
19         (1) Any complainant or respondent may apply for and
20     obtain judicial review of a any final order of the
21     Commission entered under this Act by filing a petition for
22     review in the Appellate Court within 35 days from the date
23     that a copy of the decision sought to be reviewed was
24     served upon the party affected by the decision. If a
25     3-member panel or the full Commission finds that an

 

 

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1     interlocutory order involves a question of law as to which
2     there is substantial ground for difference of opinion and
3     that an immediate appeal from the order may materially
4     advance the ultimate termination of the litigation, any
5     party may petition the Appellate Court for permission to
6     appeal the order. The procedure for obtaining the required
7     Commission findings and the permission of the Appellate
8     Court shall be governed by Supreme Court Rule 308, except
9     the references to the "trial court" shall be understood as
10     referring to the Commission.
11         (2) In any proceeding brought for judicial review, the
12     Commission's findings of fact made at the administrative
13     level shall be sustained unless the court determines that
14     such findings are contrary to the manifest weight of the
15     evidence.
16         (3) Venue. Proceedings for judicial review shall be
17     commenced in the appellate court for the district wherein
18     the civil rights violation which is the subject of the
19     Commission's order was allegedly committed.
20     (C) (B) Judicial Enforcement.
21         (1) When the Commission, at the instance of the
22     Department or an aggrieved party, concludes that any person
23     has violated a valid order of the Commission issued
24     pursuant to this Act, and the violation and its effects are
25     not promptly corrected, the Commission, through a panel of
26     3 members, shall order the Department to commence an action

 

 

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1     in the name of the People of the State of Illinois by
2     complaint, alleging the violation, attaching a copy of the
3     order of the Commission and praying for the issuance of an
4     order directing such person, his or her or its officers,
5     agents, servants, successors and assigns to comply with the
6     order of the Commission.
7         (2) An aggrieved party may file a complaint for
8     enforcement of a valid order of the Commission directly in
9     Circuit Court.
10         (3) Upon the commencement of an action filed under
11     paragraphs (1) or (2) of subsection (B) of this Section the
12     court shall have jurisdiction over the proceedings and
13     power to grant or refuse, in whole or in part, the relief
14     sought or impose such other remedy as the court may deem
15     proper.
16         (4) The court may stay an order of the Commission in
17     accordance with the applicable Supreme Court rules,
18     pending disposition of the proceedings.
19         (5) The court may punish for any violation of its order
20     as in the case of civil contempt.
21         (6) Venue. Proceedings for judicial enforcement of a
22     Commission order shall be commenced in the circuit court in
23     the county wherein the civil rights violation which is the
24     subject of the Commission's order was committed.
25     (D) (C) Limitation. Except as otherwise provided by law, no
26 court of this state shall have jurisdiction over the subject of

 

 

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1 an alleged civil rights violation other than as set forth in
2 this Act.
3     (E) (D) This amendatory Act of 1996 applies to causes of
4 action filed on or after January 1, 1996.
5     (F) The changes made to this Section by this amendatory Act
6 of the 95th General Assembly apply to charges or complaints
7 filed with the Department or the Commission on or after the
8 effective date of those changes.
9 (Source: P.A. 88-1; 89-348, eff. 1-1-96; 89-520, eff. 7-18-96.)
 
10     (775 ILCS 5/7-101.1 rep.)
11     Section 10. The Illinois Human Rights Act is amended by
12 repealing Section 7-101.1.
 
13     Section 99. Effective date. This Act takes effect January
14 1, 2008.