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Full Text of HB3092  100th General Assembly

HB3092sam001 100TH GENERAL ASSEMBLY

Sen. Napoleon Harris, III

Filed: 5/5/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3092

2    AMENDMENT NO. ______. Amend House Bill 3092 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Human Rights Act is amended by
5changing Sections 7A-102 and 7B-102 as follows:
 
6    (775 ILCS 5/7A-102)  (from Ch. 68, par. 7A-102)
7    Sec. 7A-102. Procedures.
8    (A) Charge.
9        (1) Within 180 days after the date that a civil rights
10    violation allegedly has been committed, a charge in writing
11    under oath or affirmation may be filed with the Department
12    by an aggrieved party or issued by the Department itself
13    under the signature of the Director.
14        (2) The charge shall be in such detail as to
15    substantially apprise any party properly concerned as to
16    the time, place, and facts surrounding the alleged civil

 

 

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1    rights violation.
2        (3) Charges deemed filed with the Department pursuant
3    to subsection (A-1) of this Section shall be deemed to be
4    in compliance with this subsection.
5    (A-1) Equal Employment Opportunity Commission Charges.
6        (1) If a charge is filed with the Equal Employment
7    Opportunity Commission (EEOC) within 180 days after the
8    date of the alleged civil rights violation, the charge
9    shall be deemed filed with the Department on the date filed
10    with the EEOC. If the EEOC is the governmental agency
11    designated to investigate the charge first, the Department
12    shall take no action until the EEOC makes a determination
13    on the charge and after the complainant notifies the
14    Department of the EEOC's determination. In such cases,
15    after receiving notice from the EEOC that a charge was
16    filed, the Department shall notify the parties that (i) a
17    charge has been received by the EEOC and has been sent to
18    the Department for dual filing purposes; (ii) the EEOC is
19    the governmental agency responsible for investigating the
20    charge and that the investigation shall be conducted
21    pursuant to the rules and procedures adopted by the EEOC;
22    (iii) it will take no action on the charge until the EEOC
23    issues its determination; (iv) the complainant must submit
24    a copy of the EEOC's determination within 30 days after
25    service of the determination by the EEOC on complainant;
26    and (v) that the time period to investigate the charge

 

 

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1    contained in subsection (G) of this Section is tolled from
2    the date on which the charge is filed with the EEOC until
3    the EEOC issues its determination.
4        (2) If the EEOC finds reasonable cause to believe that
5    there has been a violation of federal law and if the
6    Department is timely notified of the EEOC's findings by
7    complainant, the Department shall notify complainant that
8    the Department has adopted the EEOC's determination of
9    reasonable cause and that complainant has the right, within
10    90 days after receipt of the Department's notice, to either
11    file his or her own complaint with the Illinois Human
12    Rights Commission or commence a civil action in the
13    appropriate circuit court or other appropriate court of
14    competent jurisdiction. The Department's notice to
15    complainant that the Department has adopted the EEOC's
16    determination of reasonable cause shall constitute the
17    Department's Report for purposes of subparagraph (D) of
18    this Section.
19        (3) For those charges alleging violations within the
20    jurisdiction of both the EEOC and the Department and for
21    which the EEOC either (i) does not issue a determination,
22    but does issue the complainant a notice of a right to sue,
23    including when the right to sue is issued at the request of
24    the complainant, or (ii) determines that it is unable to
25    establish that illegal discrimination has occurred and
26    issues the complainant a right to sue notice, and if the

 

 

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1    Department is timely notified of the EEOC's determination
2    by complainant, the Department shall notify the parties
3    that the Department will adopt the EEOC's determination as
4    a dismissal for lack of substantial evidence unless the
5    complainant requests in writing within 35 days after
6    receipt of the Department's notice that the Department
7    review the EEOC's determination.
8            (a) If the complainant does not file a written
9        request with the Department to review the EEOC's
10        determination within 35 days after receipt of the
11        Department's notice, the Department shall notify
12        complainant that the decision of the EEOC has been
13        adopted by the Department as a dismissal for lack of
14        substantial evidence and that the complainant has the
15        right, within 90 days after receipt of the Department's
16        notice, to commence a civil action in the appropriate
17        circuit court or other appropriate court of competent
18        jurisdiction. The Department's notice to complainant
19        that the Department has adopted the EEOC's
20        determination shall constitute the Department's report
21        for purposes of subparagraph (D) of this Section.
22            (b) If the complainant does file a written request
23        with the Department to review the EEOC's
24        determination, the Department shall review the EEOC's
25        determination and any evidence obtained by the EEOC
26        during its investigation. If, after reviewing the

 

 

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1        EEOC's determination and any evidence obtained by the
2        EEOC, the Department determines there is no need for
3        further investigation of the charge, the Department
4        shall issue a report and the Director shall determine
5        whether there is substantial evidence that the alleged
6        civil rights violation has been committed pursuant to
7        subsection (D) of Section 7A-102. If, after reviewing
8        the EEOC's determination and any evidence obtained by
9        the EEOC, the Department determines there is a need for
10        further investigation of the charge, the Department
11        may conduct any further investigation it deems
12        necessary. After reviewing the EEOC's determination,
13        the evidence obtained by the EEOC, and any additional
14        investigation conducted by the Department, the
15        Department shall issue a report and the Director shall
16        determine whether there is substantial evidence that
17        the alleged civil rights violation has been committed
18        pursuant to subsection (D) of Section 7A-102 of this
19        Act.
20        (4) Pursuant to this Section, if the EEOC dismisses the
21    charge or a portion of the charge of discrimination
22    because, under federal law, the EEOC lacks jurisdiction
23    over the charge, and if, under this Act, the Department has
24    jurisdiction over the charge of discrimination, the
25    Department shall investigate the charge or portion of the
26    charge dismissed by the EEOC for lack of jurisdiction

 

 

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1    pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
2    (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of
3    this Act.
4        (5) The time limit set out in subsection (G) of this
5    Section is tolled from the date on which the charge is
6    filed with the EEOC to the date on which the EEOC issues
7    its determination.
8    (B) Notice and Response to Charge. The Department shall,
9within 10 days of the date on which the charge was filed, serve
10a copy of the charge on the respondent. This period shall not
11be construed to be jurisdictional. The charging party and the
12respondent may each file a position statement and other
13materials with the Department regarding the charge of alleged
14discrimination within 60 days of receipt of the notice of the
15charge. The position statements and other materials filed shall
16remain confidential unless otherwise agreed to by the party
17providing the information and shall not be served on or made
18available to the other party during pendency of a charge with
19the Department. The Department may shall require the respondent
20to file a verified response to the allegations contained in the
21charge. Upon the Department's request, the respondent shall
22file a response to the charge within 60 days and of receipt of
23the notice of the charge. The respondent shall serve a copy of
24its response on the complainant or his or her representative.
25Notwithstanding any request from the Department, the
26respondent may elect to file a response to the charge within 60

 

 

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1days of receipt of notice of the charge. If the respondent
2elects to file a response to the charge, the respondent shall
3serve a copy of its response on the complainant or his or her
4representative. All allegations contained in the charge not
5timely denied by the respondent may shall be deemed admitted,
6unless the respondent states that it is without sufficient
7information to form a belief with respect to such allegation.
8The Department may issue a notice of default directed to any
9respondent who fails to file a verified response to a charge
10within 60 days of the Department's request receipt of the
11notice of the charge, unless the respondent can demonstrate
12good cause as to why such notice should not issue. The term
13"good cause" shall be defined by rule promulgated by the
14Department. Within 30 days of receipt of the respondent's
15response, the complainant may file a reply to said response and
16shall serve a copy of said reply on the respondent or his or
17her representative. A party shall have the right to supplement
18his or her response or reply at any time that the investigation
19of the charge is pending. The Department shall, within 10 days
20of the date on which the charge was filed, and again no later
21than 335 days thereafter, send by certified or registered mail
22written notice to the complainant and to the respondent
23informing the complainant of the complainant's right to either
24file a complaint with the Human Rights Commission or commence a
25civil action in the appropriate circuit court under
26subparagraph (2) of paragraph (G), including in such notice the

 

 

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1dates within which the complainant may exercise this right. In
2the notice the Department shall notify the complainant that the
3charge of civil rights violation will be dismissed with
4prejudice and with no right to further proceed if a written
5complaint is not timely filed with the Commission or with the
6appropriate circuit court by the complainant pursuant to
7subparagraph (2) of paragraph (G) or by the Department pursuant
8to subparagraph (1) of paragraph (G).
9    (B-1) Mediation. The complainant and respondent may agree
10to voluntarily submit the charge to mediation without waiving
11any rights that are otherwise available to either party
12pursuant to this Act and without incurring any obligation to
13accept the result of the mediation process. Nothing occurring
14in mediation shall be disclosed by the Department or admissible
15in evidence in any subsequent proceeding unless the complainant
16and the respondent agree in writing that such disclosure be
17made.
18    (C) Investigation.
19        (1) The After the respondent has been notified, the
20    Department shall conduct an a full investigation
21    sufficient to determine whether of the allegations set
22    forth in the charge are supported by substantial evidence.
23        (2) The Director or his or her designated
24    representatives 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        (3) 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 is provided for in the taking of
9    depositions in civil cases in circuit courts.
10        (4) Upon reasonable notice to the complainant and the
11    respondent, the Department shall conduct a fact finding
12    conference, unless prior to 365 days after the date on
13    which the charge was filed the Director has determined
14    whether there is substantial evidence that the alleged
15    civil rights violation has been committed, the charge has
16    been dismissed for lack of jurisdiction, or the parties
17    voluntarily and in writing agree to waive the fact finding
18    conference. Any party's failure to attend the conference
19    without good cause shall result in dismissal or default.
20    The term "good cause" shall be defined by rule promulgated
21    by the Department. A notice of dismissal or default shall
22    be issued by the Director. The notice of default issued by
23    the Director shall notify the respondent that a request for
24    review may be filed in writing with the Commission within
25    30 days of receipt of notice of default. The notice of
26    dismissal issued by the Director shall give the complainant

 

 

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

 

 

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1    the reasons for the determinations on all material issues.
2    Substantial evidence is evidence which a reasonable mind
3    accepts as sufficient to support a particular conclusion
4    and which consists of more than a mere scintilla but may be
5    somewhat less than a preponderance.
6        (3) If the Director determines that there is no
7    substantial evidence, the charge shall be dismissed by
8    order of the Director and the Director shall give the
9    complainant notice of his or her right to seek review of
10    the dismissal order before the Commission or commence a
11    civil action in the appropriate circuit court. If the
12    complainant chooses to have the Human Rights Commission
13    review the dismissal order, he or she shall file a request
14    for review with the Commission within 90 days after receipt
15    of the Director's notice. If the complainant chooses to
16    file a request for review with the Commission, he or she
17    may not later commence a civil action in a circuit court.
18    If the complainant chooses to commence a civil action in a
19    circuit court, he or she must do so within 90 days after
20    receipt of the Director's notice.
21        (4) If the Director determines that there is
22    substantial evidence, he or she shall notify the
23    complainant and respondent of that determination. The
24    Director shall also notify the parties that the complainant
25    has the right to either commence a civil action in the
26    appropriate circuit court or request that the Department of

 

 

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1    Human Rights file a complaint with the Human Rights
2    Commission on his or her behalf. Any such complaint shall
3    be filed within 90 days after receipt of the Director's
4    notice. If the complainant chooses to have the Department
5    file a complaint with the Human Rights Commission on his or
6    her behalf, the complainant must, within 30 days after
7    receipt of the Director's notice, request in writing that
8    the Department file the complaint. If the complainant
9    timely requests that the Department file the complaint, the
10    Department shall file the complaint on his or her behalf.
11    If the complainant fails to timely request that the
12    Department file the complaint, the complainant may file his
13    or her complaint with the Commission or commence a civil
14    action in the appropriate circuit court. If the complainant
15    files a complaint with the Human Rights Commission, the
16    complainant shall give notice to the Department of the
17    filing of the complaint with the Human Rights Commission.
18    (E) Conciliation.
19         (1) When there is a finding of substantial evidence,
20    the Department may designate a Department employee who is
21    an attorney licensed to practice in Illinois to endeavor to
22    eliminate the effect of the alleged civil rights violation
23    and to prevent its repetition by means of conference and
24    conciliation.
25        (2) When the Department determines that a formal
26    conciliation conference is necessary, the complainant and

 

 

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1    respondent shall be notified of the time and place of the
2    conference by registered or certified mail at least 10 days
3    prior thereto and either or both parties shall appear at
4    the conference in person or by attorney.
5        (3) The place fixed for the conference shall be within
6    35 miles of the place where the civil rights violation is
7    alleged to have been committed.
8        (4) Nothing occurring at the conference shall be
9    disclosed by the Department unless the complainant and
10    respondent agree in writing that such disclosure be made.
11        (5) The Department's efforts to conciliate the matter
12    shall not stay or extend the time for filing the complaint
13    with the Commission or the circuit court.
14    (F) Complaint.
15        (1) When the complainant requests that the Department
16    file a complaint with the Commission on his or her behalf,
17    the Department shall prepare a written complaint, under
18    oath or affirmation, stating the nature of the civil rights
19    violation substantially as alleged in the charge
20    previously filed and the relief sought on behalf of the
21    aggrieved party. The Department shall file the complaint
22    with the Commission.
23        (2) If the complainant chooses to commence a civil
24    action in a circuit court, he or she must do so in the
25    circuit court in the county wherein the civil rights
26    violation was allegedly committed. The form of the

 

 

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1    complaint in any such civil action shall be in accordance
2    with the Illinois Code of Civil Procedure.
3    (G) Time Limit.
4        (1) When a charge of a civil rights violation has been
5    properly filed, the Department, within 365 days thereof or
6    within any extension of that period agreed to in writing by
7    all parties, shall issue its report as required by
8    subparagraph (D). Any such report shall be duly served upon
9    both the 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 form
17    of the complaint shall be in accordance with the provisions
18    of paragraph (F)(1). If the complainant commences a civil
19    action in a circuit court, the form of the complaint shall
20    be in accordance with the Illinois Code of Civil Procedure.
21    The aggrieved party shall notify the Department that a
22    complaint has been filed and shall serve a copy of the
23    complaint on the Department on the same date that the
24    complaint is filed with the Commission or in circuit court.
25    If the complainant files a complaint with the Commission,
26    he or she may not later commence a civil action in circuit

 

 

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1    court.
2        (3) If an aggrieved party files a complaint with the
3    Human Rights Commission or commences a civil action in
4    circuit court pursuant to paragraph (2) of this subsection,
5    or if the time period for filing a complaint has expired,
6    the Department shall immediately cease its investigation
7    and dismiss the charge of civil rights violation. Any final
8    order entered by the Commission under this Section is
9    appealable in accordance with paragraph (B)(1) of Section
10    8-111. Failure to immediately cease an investigation and
11    dismiss the charge of civil rights violation as provided in
12    this paragraph (3) constitutes grounds for entry of an
13    order by the circuit court permanently enjoining the
14    investigation. The Department may also be liable for any
15    costs and other damages incurred by the respondent as a
16    result of the action of the Department.
17        (4) The Department shall stay any administrative
18    proceedings under this Section after the filing of a civil
19    action by or on behalf of the aggrieved party under any
20    federal or State law seeking relief with respect to the
21    alleged civil rights violation.
22    (H) This amendatory Act of 1995 applies to causes of action
23filed on or after January 1, 1996.
24    (I) This amendatory Act of 1996 applies to causes of action
25filed on or after January 1, 1996.
26    (J) The changes made to this Section by Public Act 95-243

 

 

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1apply to charges filed on or after the effective date of those
2changes.
3    (K) The changes made to this Section by this amendatory Act
4of the 96th General Assembly apply to charges filed on or after
5the effective date of those changes.
6(Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12; 97-596,
7eff. 8-26-11; 97-813, eff. 7-13-12.)
 
8    (775 ILCS 5/7B-102)  (from Ch. 68, par. 7B-102)
9    Sec. 7B-102. Procedures.
10    (A) Charge.
11        (1) Within one year after the date that a civil rights
12    violation allegedly has been committed or terminated, a
13    charge in writing under oath or affirmation may be filed
14    with the Department by an aggrieved party or issued by the
15    Department itself under the signature of the Director.
16        (2) The charge shall be in such detail as to
17    substantially apprise any party properly concerned as to
18    the time, place, and facts surrounding the alleged civil
19    rights violation.
20    (B) Notice and Response to Charge.
21        (1) The Department shall serve notice upon the
22    aggrieved party acknowledging such charge and advising the
23    aggrieved party of the time limits and choice of forums
24    provided under this Act. The Department shall, within 10
25    days of the date on which the charge was filed or the

 

 

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

 

 

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1    be defined by rule promulgated by the Department. Within 10
2    days of the date he or she receives the respondent's
3    response, the complainant may file his or her reply to said
4    response. If he or she chooses to file a reply, the
5    complainant shall serve a copy of said reply on the
6    respondent or his or her representative. A party may shall
7    have the right to supplement his or her response or reply
8    at any time that the investigation of the charge is
9    pending.
10        (2) A person who is not named as a respondent in a
11    charge, but who is identified as a respondent in the course
12    of investigation, may be joined as an additional or
13    substitute respondent upon written notice, under
14    subsection (B), to such person, from the Department. Such
15    notice, in addition to meeting the requirements of
16    subsections (A) and (B), shall explain the basis for the
17    Department's belief that a person to whom the notice is
18    addressed is properly joined as a respondent.
19    (C) Investigation.
20        (1) The Department shall conduct a full investigation
21    of the allegations set forth in the charge and complete
22    such investigation within 100 days after the filing of the
23    charge, unless it is impracticable to do so. The
24    Department's failure to complete the investigation within
25    100 days after the proper filing of the charge does not
26    deprive the Department of jurisdiction over the charge.

 

 

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1        (2) If the Department is unable to complete the
2    investigation within 100 days after the charge is filed,
3    the Department shall notify the complainant and respondent
4    in writing of the reasons for not doing so.
5        (3) The Director or his or her designated
6    representative shall have authority to request any member
7    of the Commission to issue subpoenas to compel the
8    attendance of a witness or the production for examination
9    of any books, records or documents whatsoever.
10        (4) If any witness whose testimony is required for any
11    investigation resides outside the State, or through
12    illness or any other good cause as determined by the
13    Director is unable to be interviewed by the investigator or
14    appear at a fact finding conference, his or her testimony
15    or deposition may be taken, within or without the State, in
16    the same manner as provided for in the taking of
17    depositions in civil cases in circuit courts.
18        (5) Upon reasonable notice to the complainant and the
19    respondent, the Department shall conduct a fact finding
20    conference, unless prior to 100 days from the date on which
21    the charge was filed, the Director has determined whether
22    there is substantial evidence that the alleged civil rights
23    violation has been committed or the parties voluntarily and
24    in writing agree to waive the fact finding conference. A
25    party's failure to attend the conference without good cause
26    may result in dismissal or default. A notice of dismissal

 

 

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1    or default shall be issued by the Director and shall notify
2    the relevant party that a request for review may be filed
3    in writing with the Commission within 30 days of receipt of
4    notice of dismissal or default.
5    (D) Report.
6        (1) Each investigated charge shall be the subject of a
7    report to the Director. The report shall be a confidential
8    document subject to review by the Director, authorized
9    Department employees, the parties, and, where indicated by
10    this Act, members of the Commission or their designated
11    hearing officers.
12            The report shall contain:
13            (a) the names and dates of contacts with witnesses;
14            (b) a summary and the date of correspondence and
15        other contacts with the aggrieved party and the
16        respondent;
17            (c) a summary description of other pertinent
18        records;
19            (d) a summary of witness statements; and
20            (e) answers to questionnaires.
21        A final report under this paragraph may be amended if
22    additional evidence is later discovered.
23        (2) Upon review of the report and within 100 days of
24    the filing of the charge, unless it is impracticable to do
25    so, the Director shall determine whether there is
26    substantial evidence that the alleged civil rights

 

 

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1    violation has been committed or is about to be committed.
2    If the Director is unable to make the determination within
3    100 days after the filing of the charge, the Director shall
4    notify the complainant and respondent in writing of the
5    reasons for not doing so. The Director's failure to make
6    the determination within 100 days after the proper filing
7    of the charge does not deprive the Department of
8    jurisdiction over the charge.
9            (a) If the Director determines that there is no
10        substantial evidence, the charge shall be dismissed
11        and the aggrieved party notified that he or she may
12        seek review of the dismissal order before the
13        Commission. The aggrieved party shall have 90 days from
14        receipt of notice to file a request for review by the
15        Commission. The Director shall make public disclosure
16        of each such dismissal.
17            (b) If the Director determines that there is
18        substantial evidence, he or she shall immediately
19        issue a complaint on behalf of the aggrieved party
20        pursuant to subsection (F).
21    (E) Conciliation.
22        (1) During the period beginning with the filing of
23    charge and ending with the filing of a complaint or a
24    dismissal by the Department, the Department shall, to the
25    extent feasible, engage in conciliation with respect to
26    such charge.

 

 

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1        When the Department determines that a formal
2    conciliation conference is feasible, the aggrieved party
3    and respondent shall be notified of the time and place of
4    the conference by registered or certified mail at least 7
5    days prior thereto and either or both parties shall appear
6    at the conference in person or by attorney.
7        (2) The place fixed for the conference shall be within
8    35 miles of the place where the civil rights violation is
9    alleged to have been committed.
10        (3) Nothing occurring at the conference shall be made
11    public or used as evidence in a subsequent proceeding for
12    the purpose of proving a violation under this Act unless
13    the complainant and respondent agree in writing that such
14    disclosure be made.
15        (4) A conciliation agreement arising out of such
16    conciliation shall be an agreement between the respondent
17    and the complainant, and shall be subject to approval by
18    the Department and Commission.
19        (5) A conciliation agreement may provide for binding
20    arbitration of the dispute arising from the charge. Any
21    such arbitration that results from a conciliation
22    agreement may award appropriate relief, including monetary
23    relief.
24        (6) Each conciliation agreement shall be made public
25    unless the complainant and respondent otherwise agree and
26    the Department determines that disclosure is not required

 

 

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1    to further the purpose of this Act.
2    (F) Complaint.
3        (1) When there is a failure to settle or adjust any
4    charge through a conciliation conference and the charge is
5    not dismissed, the Department shall prepare a written
6    complaint, under oath or affirmation, stating the nature of
7    the civil rights violation and the relief sought on behalf
8    of the aggrieved party. Such complaint shall be based on
9    the final investigation report and need not be limited to
10    the facts or grounds alleged in the charge filed under
11    subsection (A).
12        (2) The complaint shall be filed with the Commission.
13        (3) The Department may not issue a complaint under this
14    Section regarding an alleged civil rights violation after
15    the beginning of the trial of a civil action commenced by
16    the aggrieved party under any State or federal law, seeking
17    relief with respect to that alleged civil rights violation.
18    (G) Time Limit.
19        (1) When a charge of a civil rights violation has been
20    properly filed, the Department, within 100 days thereof,
21    unless it is impracticable to do so, shall either issue and
22    file a complaint in the manner and form set forth in this
23    Section or shall order that no complaint be issued. Any
24    such order shall be duly served upon both the aggrieved
25    party and the respondent. The Department's failure to
26    either issue and file a complaint or order that no

 

 

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1    complaint be issued within 100 days after the proper filing
2    of the charge does not deprive the Department of
3    jurisdiction over the charge.
4        (2) The Director shall make available to the aggrieved
5    party and the respondent, at any time, upon request
6    following completion of the Department's investigation,
7    information derived from an investigation and any final
8    investigative report relating to that investigation.
9    (H) This amendatory Act of 1995 applies to causes of action
10filed on or after January 1, 1996.
11    (I) The changes made to this Section by Public Act 95-243
12apply to charges filed on or after the effective date of those
13changes.
14    (J) The changes made to this Section by this amendatory Act
15of the 96th General Assembly apply to charges filed on or after
16the effective date of those changes.
17(Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".