98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2493

 

Introduced , by Rep. Arthur Turner

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/2-102  from Ch. 68, par. 2-102
775 ILCS 5/2-103  from Ch. 68, par. 2-103
775 ILCS 5/7A-102  from Ch. 68, par. 7A-102

    Amends the Illinois Human Rights Act. Adds managerial and supervisory employees to the class of individuals barred from engaging in sexual harassment. Provides that a supervisory employee includes only employees who, with independent judgment, are authorized to hire, transfer, suspend, lay off, recall, promote, discharge, discipline, and handle grievances of the charging employee at the time of the alleged harassment without regard to whether any qualifying supervisory or managerial employee had such powers over other, non-charging employees. Provides that a managerial employee includes only employees who, with independent judgment, manage the affairs of a business, office, or other organization. Provides that an employer may ask an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial. Provides that upon reviewing a report of an allegation of a human rights violation, the Director of the Department of Human Rights shall make a determination of substantial evidence when there is a genuine issue of material fact that is in dispute. Defines material fact, and provides that any genuine dispute as to the existence of any material fact shall be resolved by viewing the fact in the light most favorable to the charging party. Provides that the Director shall determine whether the entirety of the facts found in the investigation taken, including genuinely disputed material facts viewed in the light most favorable to the charging party, comprises substantial evidence to support the determination that a civil rights violation has been committed. Effective immediately.


LRB098 08319 HEP 38424 b

 

 

A BILL FOR

 

HB2493LRB098 08319 HEP 38424 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 2-102, 2-103 and 7A-102 as follows:
 
6    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
7    Sec. 2-102. Civil Rights Violations - Employment. It is a
8civil rights violation:
9    (A) Employers. For any employer to refuse to hire, to
10segregate, or to act with respect to recruitment, hiring,
11promotion, renewal of employment, selection for training or
12apprenticeship, discharge, discipline, tenure or terms,
13privileges or conditions of employment on the basis of unlawful
14discrimination or citizenship status.
15    (A-5) Language. For an employer to impose a restriction
16that has the effect of prohibiting a language from being spoken
17by an employee in communications that are unrelated to the
18employee's duties.
19    For the purposes of this subdivision (A-5), "language"
20means a person's native tongue, such as Polish, Spanish, or
21Chinese. "Language" does not include such things as slang,
22jargon, profanity, or vulgarity.
23    (B) Employment Agency. For any employment agency to fail or

 

 

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1refuse to classify properly, accept applications and register
2for employment referral or apprenticeship referral, refer for
3employment, or refer for apprenticeship on the basis of
4unlawful discrimination or citizenship status or to accept from
5any person any job order, requisition or request for referral
6of applicants for employment or apprenticeship which makes or
7has the effect of making unlawful discrimination or
8discrimination on the basis of citizenship status a condition
9of referral.
10    (C) Labor Organization. For any labor organization to
11limit, segregate or classify its membership, or to limit
12employment opportunities, selection and training for
13apprenticeship in any trade or craft, or otherwise to take, or
14fail to take, any action which affects adversely any person's
15status as an employee or as an applicant for employment or as
16an apprentice, or as an applicant for apprenticeships, or
17wages, tenure, hours of employment or apprenticeship
18conditions on the basis of unlawful discrimination or
19citizenship status.
20    (D) Sexual Harassment. For any employer, employee,
21managerial employee, supervisory employee, agent of any
22employer, employment agency or labor organization to engage in
23sexual harassment; provided, that an employer shall be
24responsible for sexual harassment of the employer's employees
25by nonemployees or nonmanagerial and nonsupervisory employees
26only if the employer becomes aware of the conduct and fails to

 

 

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1take reasonable corrective measures. A supervisory employee
2includes only employees who with independent judgment are
3authorized to hire, transfer, suspend, lay off, recall,
4promote, discharge, discipline, and handle grievances of the
5charging employee at the time of the alleged harassment without
6regard to whether any qualifying supervisory or managerial
7employee had such powers over other, non-charging employees. A
8managerial employee includes only employees who, with
9independent judgment, manage the affairs of a business, office,
10or other organization.
11    (E) Public Employers. For any public employer to refuse to
12permit a public employee under its jurisdiction who takes time
13off from work in order to practice his or her religious beliefs
14to engage in work, during hours other than such employee's
15regular working hours, consistent with the operational needs of
16the employer and in order to compensate for work time lost for
17such religious reasons. Any employee who elects such deferred
18work shall be compensated at the wage rate which he or she
19would have earned during the originally scheduled work period.
20The employer may require that an employee who plans to take
21time off from work in order to practice his or her religious
22beliefs provide the employer with a notice of his or her
23intention to be absent from work not exceeding 5 days prior to
24the date of absence.
25    (F) Training and Apprenticeship Programs. For any
26employer, employment agency or labor organization to

 

 

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1discriminate against a person on the basis of age in the
2selection, referral for or conduct of apprenticeship or
3training programs.
4    (G) Immigration-Related Practices.
5        (1) for an employer to request for purposes of
6    satisfying the requirements of Section 1324a(b) of Title 8
7    of the United States Code, as now or hereafter amended,
8    more or different documents than are required under such
9    Section or to refuse to honor documents tendered that on
10    their face reasonably appear to be genuine; or
11        (2) for an employer participating in the Basic Pilot
12    Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
13    Programs for Employment Eligibility Confirmation (enacted
14    by PL 104-208, div. C title IV, subtitle A) to refuse to
15    hire, to segregate, or to act with respect to recruitment,
16    hiring, promotion, renewal of employment, selection for
17    training or apprenticeship, discharge, discipline, tenure
18    or terms, privileges or conditions of employment without
19    following the procedures under the Basic Pilot Program.
20    (H) Pregnancy; peace officers and fire fighters. For a
21public employer to refuse to temporarily transfer a pregnant
22female peace officer or pregnant female fire fighter to a less
23strenuous or hazardous position for the duration of her
24pregnancy if she so requests, with the advice of her physician,
25where that transfer can be reasonably accommodated. For the
26purposes of this subdivision (H), "peace officer" and "fire

 

 

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1fighter" have the meanings ascribed to those terms in Section 3
2of the Illinois Public Labor Relations Act.
3    It is not a civil rights violation for an employer to take
4any action that is required by Section 1324a of Title 8 of the
5United States Code, as now or hereafter amended.
6    (I) Pregnancy. For an employer to refuse to hire, to
7segregate, or to act with respect to recruitment, hiring,
8promotion, renewal of employment, selection for training or
9apprenticeship, discharge, discipline, tenure or terms,
10privileges or conditions of employment on the basis of
11pregnancy, childbirth, or related medical conditions. Women
12affected by pregnancy, childbirth, or related medical
13conditions shall be treated the same for all employment-related
14purposes, including receipt of benefits under fringe benefit
15programs, as other persons not so affected but similar in their
16ability or inability to work.
17(Source: P.A. 97-596, eff. 8-26-11.)
 
18    (775 ILCS 5/2-103)  (from Ch. 68, par. 2-103)
19    Sec. 2-103. Arrest Record.
20    (A) Unless otherwise authorized by law, it is a civil
21rights violation for any employer, employment agency or labor
22organization to inquire into or to use the fact of an arrest or
23criminal history record information ordered expunged, sealed
24or impounded under Section 5.2 of the Criminal Identification
25Act as a basis to refuse to hire, to segregate, or to act with

 

 

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1respect to recruitment, hiring, promotion, renewal of
2employment, selection for training or apprenticeship,
3discharge, discipline, tenure or terms, privileges or
4conditions of employment. This Section does not prohibit a
5State agency, unit of local government or school district, or
6private organization from requesting or utilizing sealed
7felony conviction information obtained from the Department of
8State Police under the provisions of Section 3 of the Criminal
9Identification Act or under other State or federal laws or
10regulations that require criminal background checks in
11evaluating the qualifications and character of an employee or a
12prospective employee.
13    (B) The prohibition against the use of the fact of an
14arrest contained in this Section shall not be construed to
15prohibit an employer, employment agency, or labor organization
16from obtaining or using other information which indicates that
17a person actually engaged in the conduct for which he or she
18was arrested.
19    (C) Nothing in this Section prevents an employer from
20asking an employee or applicant for employment about an arrest
21for which the employee or applicant is out on bail or on his or
22her own recognizance pending trial.
23(Source: P.A. 96-409, eff. 1-1-10.)
 
24    (775 ILCS 5/7A-102)  (from Ch. 68, par. 7A-102)
25    Sec. 7A-102. Procedures.

 

 

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1    (A) Charge.
2        (1) Within 180 days after the date that a civil rights
3    violation allegedly has been committed, a charge in writing
4    under oath or affirmation may be filed with the Department
5    by an aggrieved party or issued by the Department itself
6    under the signature of the Director.
7        (2) The charge shall be in such detail as to
8    substantially apprise any party properly concerned as to
9    the time, place, and facts surrounding the alleged civil
10    rights violation.
11        (3) Charges deemed filed with the Department pursuant
12    to subsection (A-1) of this Section shall be deemed to be
13    in compliance with this subsection.
14    (A-1) Equal Employment Opportunity Commission Charges.
15        (1) If a charge is filed with the Equal Employment
16    Opportunity Commission (EEOC) within 180 days after the
17    date of the alleged civil rights violation, the charge
18    shall be deemed filed with the Department on the date filed
19    with the EEOC. If the EEOC is the governmental agency
20    designated to investigate the charge first, the Department
21    shall take no action until the EEOC makes a determination
22    on the charge and after the complainant notifies the
23    Department of the EEOC's determination. In such cases,
24    after receiving notice from the EEOC that a charge was
25    filed, the Department shall notify the parties that (i) a
26    charge has been received by the EEOC and has been sent to

 

 

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

 

 

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1    this Section.
2        (3) For those charges alleging violations within the
3    jurisdiction of both the EEOC and the Department and for
4    which the EEOC either (i) does not issue a determination,
5    but does issue the complainant a notice of a right to sue,
6    including when the right to sue is issued at the request of
7    the complainant, or (ii) determines that it is unable to
8    establish that illegal discrimination has occurred and
9    issues the complainant a right to sue notice, and if the
10    Department is timely notified of the EEOC's determination
11    by complainant, the Department shall notify the parties
12    that the Department will adopt the EEOC's determination as
13    a dismissal for lack of substantial evidence unless the
14    complainant requests in writing within 35 days after
15    receipt of the Department's notice that the Department
16    review the EEOC's determination.
17            (a) If the complainant does not file a written
18        request with the Department to review the EEOC's
19        determination within 35 days after receipt of the
20        Department's notice, the Department shall notify
21        complainant that the decision of the EEOC has been
22        adopted by the Department as a dismissal for lack of
23        substantial evidence and that the complainant has the
24        right, within 90 days after receipt of the Department's
25        notice, to commence a civil action in the appropriate
26        circuit court or other appropriate court of competent

 

 

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1        jurisdiction. The Department's notice to complainant
2        that the Department has adopted the EEOC's
3        determination shall constitute the Department's report
4        for purposes of subparagraph (D) of this Section.
5            (b) If the complainant does file a written request
6        with the Department to review the EEOC's
7        determination, the Department shall review the EEOC's
8        determination and any evidence obtained by the EEOC
9        during its investigation. If, after reviewing the
10        EEOC's determination and any evidence obtained by the
11        EEOC, the Department determines there is no need for
12        further investigation of the charge, the Department
13        shall issue a report and the Director shall determine
14        whether there is substantial evidence that the alleged
15        civil rights violation has been committed pursuant to
16        subsection (D) of Section 7A-102. If, after reviewing
17        the EEOC's determination and any evidence obtained by
18        the EEOC, the Department determines there is a need for
19        further investigation of the charge, the Department
20        may conduct any further investigation it deems
21        necessary. After reviewing the EEOC's determination,
22        the evidence obtained by the EEOC, and any additional
23        investigation conducted by the Department, the
24        Department shall issue a report and the Director shall
25        determine whether there is substantial evidence that
26        the alleged civil rights violation has been committed

 

 

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1        pursuant to subsection (D) of Section 7A-102 of this
2        Act.
3        (4) Pursuant to this Section, if the EEOC dismisses the
4    charge or a portion of the charge of discrimination
5    because, under federal law, the EEOC lacks jurisdiction
6    over the charge, and if, under this Act, the Department has
7    jurisdiction over the charge of discrimination, the
8    Department shall investigate the charge or portion of the
9    charge dismissed by the EEOC for lack of jurisdiction
10    pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
11    (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of
12    this Act.
13        (5) The time limit set out in subsection (G) of this
14    Section is tolled from the date on which the charge is
15    filed with the EEOC to the date on which the EEOC issues
16    its determination.
17    (B) Notice and Response to Charge. The Department shall,
18within 10 days of the date on which the charge was filed, serve
19a copy of the charge on the respondent. This period shall not
20be construed to be jurisdictional. The charging party and the
21respondent may each file a position statement and other
22materials with the Department regarding the charge of alleged
23discrimination within 60 days of receipt of the notice of the
24charge. The position statements and other materials filed shall
25remain confidential unless otherwise agreed to by the party
26providing the information and shall not be served on or made

 

 

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1available to the other party during pendency of a charge with
2the Department. The Department shall require the respondent to
3file a verified response to the allegations contained in the
4charge within 60 days of receipt of the notice of the charge.
5The respondent shall serve a copy of its response on the
6complainant or his representative. All allegations contained
7in the charge not timely denied by the respondent shall be
8deemed admitted, unless the respondent states that it is
9without sufficient information to form a belief with respect to
10such allegation. The Department may issue a notice of default
11directed to any respondent who fails to file a verified
12response to a charge within 60 days of receipt of the notice of
13the charge, unless the respondent can demonstrate good cause as
14to why such notice should not issue. The term "good cause"
15shall be defined by rule promulgated by the Department. Within
1630 days of receipt of the respondent's response, the
17complainant may file a reply to said response and shall serve a
18copy of said reply on the respondent or his representative. A
19party shall have the right to supplement his response or reply
20at any time that the investigation of the charge is pending.
21The Department shall, within 10 days of the date on which the
22charge was filed, and again no later than 335 days thereafter,
23send by certified or registered mail written notice to the
24complainant and to the respondent informing the complainant of
25the complainant's right to either file a complaint with the
26Human Rights Commission or commence a civil action in the

 

 

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

 

 

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

 

 

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

 

 

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1    limited to, findings of fact and conclusions, as well as
2    the reasons for the determinations on all material issues.
3    Substantial evidence is evidence which a reasonable mind
4    accepts as sufficient to support a particular conclusion
5    and which consists of more than a mere scintilla but may be
6    somewhat less than a preponderance. The Director shall make
7    a determination of substantial evidence when there is a
8    genuine issue of material fact that is in dispute. A
9    material fact is a fact that is necessary to establish one
10    or more elements of the alleged civil rights violation. Any
11    genuine dispute as to the existence of any material fact
12    shall be resolved by viewing the fact in the light most
13    favorable to the charging party. The Director shall then
14    determine whether the entirety of the facts found in the
15    investigation taken, including genuinely disputed material
16    facts viewed in the light most favorable to the charging
17    party, comprises substantial evidence to support the
18    determination that a civil rights violation has been
19    committed.
20        (3) If the Director determines that there is no
21    substantial evidence, the charge shall be dismissed by
22    order of the Director and the Director shall give the
23    complainant notice of his or her right to seek review of
24    the dismissal order before the Commission or commence a
25    civil action in the appropriate circuit court. If the
26    complainant chooses to have the Human Rights Commission

 

 

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

 

 

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1    or her complaint with the Commission or commence a civil
2    action in the appropriate circuit court. If the complainant
3    files a complaint with the Human Rights Commission, the
4    complainant shall give notice to the Department of the
5    filing of the complaint with the Human Rights Commission.
6    (E) Conciliation.
7         (1) When there is a finding of substantial evidence,
8    the Department may designate a Department employee who is
9    an attorney licensed to practice in Illinois to endeavor to
10    eliminate the effect of the alleged civil rights violation
11    and to prevent its repetition by means of conference and
12    conciliation.
13        (2) 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) The place fixed for the conference shall be within
20    35 miles of the place where the civil rights violation is
21    alleged to have been committed.
22        (4) 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    the Department shall prepare a written complaint, under
6    oath or affirmation, stating the nature of the civil rights
7    violation substantially as alleged in the charge
8    previously filed and the relief sought on behalf of the
9    aggrieved party. The Department shall file the complaint
10    with the Commission.
11        (2) If the complainant chooses to commence a civil
12    action in a circuit court, he or she must do so in the
13    circuit court in the county wherein the civil rights
14    violation was allegedly committed. The form of the
15    complaint in any such civil action shall be in accordance
16    with the Illinois Code of Civil Procedure.
17    (G) Time Limit.
18        (1) When a charge of a civil rights violation has been
19    properly filed, the Department, within 365 days thereof or
20    within any extension of that period agreed to in writing by
21    all parties, shall issue its report as required by
22    subparagraph (D). Any such report shall be duly served upon
23    both the complainant and the respondent.
24        (2) If the Department has not issued its report within
25    365 days after the charge is filed, or any such longer
26    period agreed to in writing by all the parties, the

 

 

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1    complainant shall have 90 days to either file his or her
2    own complaint with the Human Rights Commission or commence
3    a civil action in the appropriate circuit court. If the
4    complainant files a complaint with the Commission, the form
5    of the complaint shall be in accordance with the provisions
6    of paragraph (F)(1). If the complainant commences a civil
7    action in a circuit court, the form of the complaint shall
8    be in accordance with the Illinois Code of Civil Procedure.
9    The aggrieved party shall notify the Department that a
10    complaint has been filed and shall serve a copy of the
11    complaint on the Department on the same date that the
12    complaint is filed with the Commission or in circuit court.
13    If the complainant files a complaint with the Commission,
14    he or she may not later commence a civil action in circuit
15    court.
16        (3) If an aggrieved party files a complaint with the
17    Human Rights Commission or commences a civil action in
18    circuit court pursuant to paragraph (2) of this subsection,
19    or if the time period for filing a complaint has expired,
20    the Department shall immediately cease its investigation
21    and dismiss the charge of civil rights violation. Any final
22    order entered by the Commission under this Section is
23    appealable in accordance with paragraph (B)(1) of Section
24    8-111. Failure to immediately cease an investigation and
25    dismiss the charge of civil rights violation as provided in
26    this paragraph (3) constitutes grounds for entry of an

 

 

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1    order by the circuit court permanently enjoining the
2    investigation. The Department may also be liable for any
3    costs and other damages incurred by the respondent as a
4    result of the action of the Department.
5        (4) The Department shall stay any administrative
6    proceedings under this Section after the filing of a civil
7    action by or on behalf of the aggrieved party under any
8    federal or State law seeking relief with respect to the
9    alleged civil rights violation.
10    (H) This amendatory Act of 1995 applies to causes of action
11filed on or after January 1, 1996.
12    (I) This amendatory Act of 1996 applies to causes of action
13filed on or after January 1, 1996.
14    (J) The changes made to this Section by Public Act 95-243
15apply to charges filed on or after the effective date of those
16changes.
17    (K) The changes made to this Section by this amendatory Act
18of the 96th General Assembly apply to charges filed on or after
19the effective date of those changes.
20(Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12; 97-596,
21eff. 8-26-11; 97-813, eff. 7-13-12.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.