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Synopsis As Introduced 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.
House Committee Amendment No. 1 Deletes everything after the enacting clause and re-inserts similar provisions with the following changes. Adds language providing that: if the complainant chooses to have the Department of Human Rights file a complaint with the Human Rights Commission on his or her behalf, the complainant must, within 14 days after receipt of the Director's notice, request in writing that the Department file the complaint; if the complainant timely requests that the Department file the complaint, the Department shall file the complaint on his or her behalf; and if the Complainant fails to timely request that the Department file the complaint, the complainant may only commence a civil action in the appropriate circuit court (and deletes language providing that if the complainant chooses to file with the Commission, the Department shall file the complaint on his or her behalf, and if a complaint is filed with the Commission, a complainant may not later commence a civil action in a circuit court). Provides that the complainant shall have 90 days to either file his or her own complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court if the Department has not issued its report within 365 days after the charge is filed, or any longer period agreed to in writing by all the parties (rather than if the Department has not issued its report within 365 days). Provides that civil actions commenced in a circuit court pursuant to specified provisions may be "tried to a judge or a jury" (rather than shall be tried by a judge without a jury). Makes other changes. Effective January 1, 2008.
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