Full Text of SB0020 100th General Assembly
SB0020sam002 100TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 5/23/2018
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| 1 | | AMENDMENT TO SENATE BILL 20
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 20 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 7-109.1, 7A-102, 7B-102, 8-101, 8-102, | 6 | | 8-103, 8-110, 8A-103, and 8B-103 as follows:
| 7 | | (775 ILCS 5/7-109.1) (from Ch. 68, par. 7-109.1)
| 8 | | Sec. 7-109.1. Administrative dismissal of charges Federal | 9 | | or State Court Proceedings . For charges filed under this Act, | 10 | | if the charging party has initiated litigation for the purpose | 11 | | of seeking final relief in a State or federal court or before | 12 | | an administrative law judge or hearing officer in an | 13 | | administrative proceeding before a local government | 14 | | administrative agency, and if a final decision on the merits in | 15 | | that litigation or administrative hearing would preclude the | 16 | | charging party from bringing another action based on the |
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| 1 | | pending charge, the Department shall cease its investigation | 2 | | and dismiss the pending charge by order of the Director, who | 3 | | shall provide the charging party notice of his or her right to | 4 | | commence a civil action in the appropriate circuit court or | 5 | | other appropriate court of competent jurisdiction. The | 6 | | Director shall also provide the charging party notice of his or | 7 | | her right to seek review of the dismissal order before the | 8 | | Commission. Any review by the Commission of the dismissal shall | 9 | | be limited to the question of whether the charge was properly | 10 | | dismissed pursuant to this Section. Nothing in this Section | 11 | | shall preclude the Department from continuing to investigate an | 12 | | allegation in a charge that is unique to this Act or otherwise | 13 | | could not have been included in the litigation or | 14 | | administrative proceeding. The Department may
administratively | 15 | | close a charge pending before the Department if the issues
| 16 | | which are the basis of the charge are being litigated in a | 17 | | State or federal
court proceeding.
| 18 | | (Source: P.A. 86-1343.)
| 19 | | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
| 20 | | Sec. 7A-102. Procedures.
| 21 | | (A) Charge.
| 22 | | (1) Within 300 calendar 180 days after the
date that a | 23 | | civil rights violation allegedly has been committed, a
| 24 | | charge in writing under oath or affirmation may be filed | 25 | | with the
Department by an aggrieved party or issued by the |
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| 1 | | Department itself
under the signature of the Director.
| 2 | | (2) The charge shall be in such detail as to | 3 | | substantially apprise
any party properly concerned as to | 4 | | the time, place, and facts
surrounding the alleged civil | 5 | | rights violation.
| 6 | | (3) Charges deemed filed with the Department pursuant | 7 | | to subsection (A-1) of this Section shall be deemed to be | 8 | | in compliance with this subsection. | 9 | | (A-1) Equal Employment Opportunity Commission Charges. | 10 | | (1) If a charge is filed with the Equal Employment | 11 | | Opportunity Commission (EEOC) within 300 calendar 180 days | 12 | | after the date of the alleged civil rights violation, the | 13 | | charge shall be deemed filed with the Department on the | 14 | | date filed with the EEOC. If the EEOC is the governmental | 15 | | agency designated to investigate the charge first, the | 16 | | Department shall take no action until the EEOC makes a | 17 | | determination on the charge and after the complainant | 18 | | notifies the Department of the EEOC's determination. In | 19 | | such cases, after receiving notice from the EEOC that a | 20 | | charge was filed, the Department shall notify the parties | 21 | | that (i) a charge has been received by the EEOC and has | 22 | | been sent to the Department for dual filing purposes; (ii) | 23 | | the EEOC is the governmental agency responsible for | 24 | | investigating the charge and that the investigation shall | 25 | | be conducted pursuant to the rules and procedures adopted | 26 | | by the EEOC; (iii) it will take no action on the charge |
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| 1 | | until the EEOC issues its determination; (iv) the | 2 | | complainant must submit a copy of the EEOC's determination | 3 | | within 30 days after service of the determination by the | 4 | | EEOC on complainant; and (v) that the time period to | 5 | | investigate the charge contained in subsection (G) of this | 6 | | Section is tolled from the date on which the charge is | 7 | | filed with the EEOC until the EEOC issues its | 8 | | determination. | 9 | | (2) If the EEOC finds reasonable cause to believe that | 10 | | there has been a violation of federal law and if the | 11 | | Department is timely notified of the EEOC's findings by | 12 | | complainant, the Department shall notify complainant that | 13 | | the Department has adopted the EEOC's determination of | 14 | | reasonable cause and that complainant has the right, within | 15 | | 90 days after receipt of the Department's notice, to either | 16 | | file his or her own complaint with the Illinois Human | 17 | | Rights Commission or commence a civil action in the | 18 | | appropriate circuit court or other appropriate court of | 19 | | competent jurisdiction. This notice shall be provided to | 20 | | the complainant within 10 business days after the | 21 | | Department's receipt of the EEOC's determination. The | 22 | | Department's notice to complainant that the Department has | 23 | | adopted the EEOC's determination of reasonable cause shall | 24 | | constitute the Department's Report for purposes of | 25 | | subparagraph (D) of this Section. | 26 | | (3) For those charges alleging violations within the |
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| 1 | | jurisdiction of both the EEOC and the Department and for | 2 | | which the EEOC either (i) does not issue a determination, | 3 | | but does issue the complainant a notice of a right to sue, | 4 | | including when the right to sue is issued at the request of | 5 | | the complainant, or (ii) determines that it is unable to | 6 | | establish that illegal discrimination has occurred and | 7 | | issues the complainant a right to sue notice, and if the | 8 | | Department is timely notified of the EEOC's determination | 9 | | by complainant, the Department shall notify the parties , | 10 | | within 10 business days after receipt of the EEOC's | 11 | | determination, that the Department will adopt the EEOC's | 12 | | determination as a dismissal for lack of substantial | 13 | | evidence unless the complainant requests in writing within | 14 | | 35 days after receipt of the Department's notice that the | 15 | | Department review the EEOC's determination. | 16 | | (a) If the complainant does not file a written | 17 | | request with the Department to review the EEOC's | 18 | | determination within 35 days after receipt of the | 19 | | Department's notice, the Department shall notify | 20 | | complainant , within 10 business days after the | 21 | | expiration of the 35-day period, that the decision of | 22 | | the EEOC has been adopted by the Department as a | 23 | | dismissal for lack of substantial evidence and that the | 24 | | complainant has the right, within 90 days after receipt | 25 | | of the Department's notice, to commence a civil action | 26 | | in the appropriate circuit court or other appropriate |
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| 1 | | court of competent jurisdiction. The Department's | 2 | | notice to complainant that the Department has adopted | 3 | | the EEOC's determination shall constitute the | 4 | | Department's report for purposes of subparagraph (D) | 5 | | of this Section. | 6 | | (b) If the complainant does file a written request | 7 | | with the Department to review the EEOC's | 8 | | determination, the Department shall review the EEOC's | 9 | | determination and any evidence obtained by the EEOC | 10 | | during its investigation. If, after reviewing the | 11 | | EEOC's determination and any evidence obtained by the | 12 | | EEOC, the Department determines there is no need for | 13 | | further investigation of the charge, the Department | 14 | | shall issue a report and the Director shall determine | 15 | | whether there is substantial evidence that the alleged | 16 | | civil rights violation has been committed pursuant to | 17 | | subsection (D) of Section 7A-102. If, after reviewing | 18 | | the EEOC's determination and any evidence obtained by | 19 | | the EEOC, the Department determines there is a need for | 20 | | further investigation of the charge, the Department | 21 | | may conduct any further investigation it deems | 22 | | necessary. After reviewing the EEOC's determination, | 23 | | the evidence obtained by the EEOC, and any additional | 24 | | investigation conducted by the Department, the | 25 | | Department shall issue a report and the Director shall | 26 | | determine whether there is substantial evidence that |
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| 1 | | the alleged civil rights violation has been committed | 2 | | pursuant to subsection (D) of Section 7A-102 of this | 3 | | Act. | 4 | | (4) Pursuant to this Section, if the EEOC dismisses the | 5 | | charge or a portion of the charge of discrimination | 6 | | because, under federal law, the EEOC lacks jurisdiction | 7 | | over the charge, and if, under this Act, the Department has | 8 | | jurisdiction over the charge of discrimination, the | 9 | | Department shall investigate the charge or portion of the | 10 | | charge dismissed by the EEOC for lack of jurisdiction | 11 | | pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), | 12 | | (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of | 13 | | this Act. | 14 | | (5) The time limit set out in subsection (G) of this | 15 | | Section is tolled from the date on which the charge is | 16 | | filed with the EEOC to the date on which the EEOC issues | 17 | | its determination.
| 18 | | (6) The failure of the Department to meet the | 19 | | 10-business-day notification deadlines set out in | 20 | | paragraph (2) of this subsection shall not impair the | 21 | | rights of any party.
| 22 | | (B) Notice and Response to Charge.
The Department shall, | 23 | | within 10
days of the date on which the charge
was filed, serve | 24 | | a copy of the charge on the respondent and provide all parties | 25 | | with a notice of the complainant's right to opt out of the | 26 | | investigation within 60 days as set forth in subsection (C-1) . |
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| 1 | | This period shall
not be construed to be jurisdictional. The | 2 | | charging party and the respondent
may each file a position | 3 | | statement and other materials with the Department
regarding the | 4 | | charge of alleged discrimination within 60 days of receipt of | 5 | | the
notice of the charge. The position statements and other | 6 | | materials filed shall
remain confidential unless otherwise | 7 | | agreed to by the party providing the
information and shall not | 8 | | be served on or made available to the other
party during | 9 | | pendency
of a charge with the Department. The Department may
| 10 | | require the respondent to file a response to
the allegations | 11 | | contained in the charge. Upon the Department's request, the | 12 | | respondent shall
file a response to the charge within 60 days | 13 | | and shall serve a copy
of its response on the
complainant or | 14 | | his or her representative. Notwithstanding any request from the | 15 | | Department,
the respondent may elect to file a response to the | 16 | | charge
within 60 days of receipt of notice of the charge, | 17 | | provided the respondent serves a copy of its response on the | 18 | | complainant or his or her representative. All allegations | 19 | | contained in the charge
not denied by the respondent within 60 | 20 | | days of the Department's request for a response may be deemed | 21 | | admitted, unless the
respondent states that it is without | 22 | | sufficient information to
form a belief with respect to such | 23 | | allegation. The Department may issue
a notice of default | 24 | | directed to any respondent who fails to file a
response to a | 25 | | charge within 60 days of receipt of the Department's request,
| 26 | | unless the respondent can
demonstrate good cause as
to why such |
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| 1 | | notice should not issue. The term "good cause" shall be defined | 2 | | by rule promulgated by the Department. Within 30 days of | 3 | | receipt
of the respondent's response, the complainant may file | 4 | | a
reply to
said response and
shall serve
a copy of said reply | 5 | | on the respondent or his or her representative. A party
shall | 6 | | have the right to supplement his or her response or reply at | 7 | | any time that
the investigation of the charge is pending. The | 8 | | Department shall,
within 10 days of the date on which the | 9 | | charge was filed,
and again no later than 335 days thereafter,
| 10 | | send by certified or registered mail written notice to the | 11 | | complainant
and to the respondent
informing the complainant
of | 12 | | the complainant's rights right to either file a complaint with | 13 | | the Human
Rights Commission or commence a civil action in the | 14 | | appropriate circuit court
under subparagraph (2) of paragraph | 15 | | (G) and under subsection (C-1) , including in such notice the | 16 | | dates
within which the complainant may exercise these rights | 17 | | this right .
In the notice the Department shall notify the | 18 | | complainant that the
charge of civil rights violation will be | 19 | | dismissed with prejudice and with no
right to further proceed | 20 | | if a written complaint is not timely filed with
the Commission | 21 | | or with the appropriate circuit court by the complainant | 22 | | pursuant to subparagraph (2) of paragraph (G) or subsection | 23 | | (C-1)
or by the Department pursuant to subparagraph (1) of | 24 | | paragraph (G).
| 25 | | (B-1) Mediation. The complainant and respondent may agree | 26 | | to voluntarily
submit the charge
to mediation without waiving |
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| 1 | | any rights that are otherwise available to
either party | 2 | | pursuant to this Act and without incurring any obligation to
| 3 | | accept the result of the mediation process. Nothing occurring | 4 | | in mediation
shall
be disclosed by the Department or admissible | 5 | | in evidence in any subsequent
proceeding unless the complainant | 6 | | and the respondent agree in writing that such
disclosure be | 7 | | made.
| 8 | | (C) Investigation.
| 9 | | (1) If the complainant does not elect to opt out of an | 10 | | investigation pursuant to subsection (C-1), the The
| 11 | | Department shall conduct an investigation sufficient to | 12 | | determine whether the allegations set
forth in the charge | 13 | | are supported by substantial evidence.
| 14 | | (2) The Director or his or her designated | 15 | | representatives shall have
authority to request any member | 16 | | of the Commission to issue subpoenas to
compel the | 17 | | attendance of a witness or the production for
examination | 18 | | of any books, records or documents whatsoever.
| 19 | | (3) If any witness whose testimony is required for any | 20 | | investigation
resides outside the State, or through | 21 | | illness or any other good cause as
determined by the | 22 | | Director is unable to be interviewed by the investigator
or | 23 | | appear at a fact finding conference, his or her testimony | 24 | | or deposition
may be taken, within or without the State, in | 25 | | the same manner as is
provided for in the taking of | 26 | | depositions in civil cases in circuit courts.
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| 1 | | (4) Upon reasonable notice to the complainant and the | 2 | | respondent,
the Department shall conduct a fact finding | 3 | | conference, unless prior to
365 days after the date on | 4 | | which the charge was filed the Director has determined | 5 | | whether there is substantial evidence
that the alleged | 6 | | civil rights violation has been committed, the charge has
| 7 | | been dismissed for lack of jurisdiction, or the parties | 8 | | voluntarily and in writing agree to waive the fact finding | 9 | | conference. Any party's failure to attend the conference | 10 | | without good cause
shall result in dismissal or default. | 11 | | The term "good cause"
shall
be defined by rule promulgated | 12 | | by the Department. A notice of dismissal or
default shall | 13 | | be issued by the Director. The notice of default issued by | 14 | | the Director shall notify the respondent that a request for | 15 | | review may be filed in writing with the Commission
within | 16 | | 30 days of receipt of notice of default. The notice of | 17 | | dismissal issued by the Director shall give
the complainant | 18 | | notice of his or her right to seek review of the dismissal
| 19 | | before the Human Rights Commission or commence a civil | 20 | | action in the
appropriate circuit court. If the complainant | 21 | | chooses to have the Human Rights Commission review the | 22 | | dismissal order, he or she shall file a request for review | 23 | | with the Commission within 90 days after receipt of the | 24 | | Director's notice. If the complainant chooses to file a | 25 | | request for review with the Commission, he or she may not | 26 | | later commence a civil action in a circuit court. If the |
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| 1 | | complainant chooses to commence a civil action in a circuit | 2 | | court, he or she must do so within 90 days after receipt of | 3 | | the Director's notice.
| 4 | | (C-1) Opt out of Department's investigation. At any time | 5 | | within 60 days after receipt of notice of the right to opt out, | 6 | | a complainant may submit a written request seeking notice from | 7 | | the Director indicating that the complainant has opted out of | 8 | | the investigation and may commence a civil action in the | 9 | | appropriate circuit court. The Department shall respond to a | 10 | | complainant's opt-out request within 10 business days by | 11 | | issuing the complainant a notice of the right to commence an | 12 | | action in circuit court. The Department shall also notify the | 13 | | respondent that the complainant has elected to opt out of the | 14 | | administrative process within 10 business days of receipt of | 15 | | the complainant's request. If the complainant chooses to | 16 | | commence an action in a circuit court under this subsection, he | 17 | | or she must do so within 90 days after receipt of the | 18 | | Director's notice of the right to commence an action in circuit | 19 | | court. The complainant shall notify the Department and the | 20 | | respondent that a complaint has been filed with the appropriate | 21 | | circuit court and shall mail a copy of the complaint to the | 22 | | Department and the respondent on the same date that the | 23 | | complaint is filed with the appropriate circuit court. Upon | 24 | | receipt of notice that the complainant has filed an action with | 25 | | the appropriate circuit court, the Department shall | 26 | | immediately cease its investigation and dismiss the charge of |
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| 1 | | civil rights violation. Once a complainant has commenced an | 2 | | action in circuit court under this subsection, he or she may | 3 | | not file or refile a substantially similar charge with the | 4 | | Department arising from the same incident of unlawful | 5 | | discrimination or harassment. | 6 | | (D) Report.
| 7 | | (1) Each charge investigated under subsection (C) | 8 | | shall be the
subject of a
report to the Director. The | 9 | | report shall be a confidential document
subject to review | 10 | | by the Director, authorized Department employees, the
| 11 | | parties, and, where indicated by this Act, members of the | 12 | | Commission or
their designated hearing officers.
| 13 | | (2) Upon review of the report, the Director shall | 14 | | determine whether
there is substantial evidence that the | 15 | | alleged civil rights violation
has been committed.
The | 16 | | determination of substantial evidence is limited to | 17 | | determining the need
for further consideration of the | 18 | | charge pursuant to this Act
and includes, but is not | 19 | | limited to, findings of fact and conclusions, as well
as | 20 | | the reasons for the determinations on all material issues. | 21 | | Substantial evidence is evidence which a reasonable mind | 22 | | accepts
as sufficient to support a particular conclusion | 23 | | and which consists of more
than a mere scintilla but may be | 24 | | somewhat less than a preponderance.
| 25 | | (3) If the Director determines
that there is no | 26 | | substantial
evidence, the charge shall be dismissed by |
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| 1 | | order of the
Director and the Director shall give the
| 2 | | complainant notice of his or her right to seek review of | 3 | | the dismissal order before the
Commission or commence a | 4 | | civil action in the appropriate circuit court. If the | 5 | | complainant chooses to have the Human Rights Commission | 6 | | review the dismissal order, he or she shall file a request | 7 | | for review with the Commission within 90 days after receipt | 8 | | of the Director's notice. If the complainant chooses to | 9 | | file a request for review with the Commission, he or she | 10 | | may not later commence a civil action in a circuit court. | 11 | | If the complainant chooses to commence a civil action in a | 12 | | circuit court, he or she must do so within 90 days after | 13 | | receipt of the Director's notice.
| 14 | | (4) If the Director determines that there is | 15 | | substantial evidence, he or she shall notify the | 16 | | complainant and respondent of that determination. The | 17 | | Director shall also notify the parties that the complainant | 18 | | has the right to either commence a civil action in the | 19 | | appropriate circuit court or request that the Department of | 20 | | Human Rights file a complaint with the Human Rights | 21 | | Commission on his or her behalf. Any such complaint shall | 22 | | be filed within 90 days after receipt of the Director's | 23 | | notice. If the complainant chooses to have the Department | 24 | | file a complaint with the Human Rights Commission on his or | 25 | | her behalf, the complainant must, within 30 days after | 26 | | receipt of the Director's notice, request in writing that |
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| 1 | | the Department file the complaint. If the complainant | 2 | | timely requests that the Department file the complaint, the | 3 | | Department shall file the complaint on his or her behalf. | 4 | | If the complainant fails to timely request that the | 5 | | Department file the complaint, the complainant may file his | 6 | | or her complaint with the Commission or commence a civil | 7 | | action in the appropriate circuit court.
If the complainant | 8 | | files a complaint with
the Human Rights Commission, the | 9 | | complainant shall give notice to the
Department of the | 10 | | filing of the complaint with the Human Rights Commission. | 11 | | (E) Conciliation.
| 12 | |
(1) When there is a finding of substantial evidence, | 13 | | the Department may designate a Department employee who is | 14 | | an attorney
licensed to practice in Illinois to endeavor to | 15 | | eliminate the effect of
the alleged civil rights violation | 16 | | and to prevent its repetition by
means of conference and | 17 | | conciliation.
| 18 | | (2) 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) The place fixed for the conference shall be within | 25 | | 35 miles of
the place where the civil rights violation is | 26 | | alleged to have been
committed.
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| 1 | | (4) 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 | | the Department shall prepare a
written complaint, under | 11 | | oath or affirmation, stating the nature of the
civil rights | 12 | | violation substantially as alleged in the charge | 13 | | previously
filed and the relief sought on behalf of the | 14 | | aggrieved party. The Department shall file the complaint | 15 | | with the Commission.
| 16 | | (2) If the complainant chooses to commence a civil | 17 | | action in a circuit court, he or she must do so in the | 18 | | circuit court in the county wherein the civil rights | 19 | | violation was allegedly committed. The form of the | 20 | | complaint in any such civil action shall be in accordance | 21 | | with the Illinois Code of Civil Procedure.
| 22 | | (G) Time Limit.
| 23 | | (1) When a charge of a civil rights violation has been
| 24 | | properly filed, the Department, within 365
days thereof or | 25 | | within any
extension of that period agreed to in writing by | 26 | | all parties, shall issue its report as required by |
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| 1 | | subparagraph (D). Any such report
shall be duly served upon | 2 | | both the complainant and the respondent.
| 3 | | (2) If the Department has not issued its report within | 4 | | 365 days after the charge is filed, or any such longer | 5 | | period agreed to in writing by all the parties, the | 6 | | complainant shall have 90 days to either file his or her | 7 | | own complaint with the Human Rights Commission or commence | 8 | | a civil action in the appropriate circuit court. If the | 9 | | complainant files a complaint with the Commission, the form | 10 | | of the complaint shall be in accordance with the provisions | 11 | | of
paragraph (F)(1). If the complainant commences a civil | 12 | | action in a circuit court, the form of the complaint shall | 13 | | be in accordance with the Illinois Code of Civil Procedure. | 14 | | The aggrieved party shall notify the Department that a
| 15 | | complaint
has been filed and shall serve a copy of the | 16 | | complaint on the Department
on the same date that the | 17 | | complaint is filed with the Commission or in circuit court. | 18 | | If the complainant files a complaint with the Commission, | 19 | | he or she may not later commence a civil action in circuit | 20 | | court.
| 21 | | (3) If an aggrieved party files a complaint
with the
| 22 | | Human Rights Commission or commences a civil action in | 23 | | circuit court pursuant to paragraph (2) of this subsection, | 24 | | or if
the time period for filing a complaint has expired, | 25 | | the
Department shall immediately cease its investigation | 26 | | and
dismiss the charge of civil rights violation.
Any final |
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| 1 | | order entered by the Commission under this Section is
| 2 | | appealable in accordance with paragraph (B)(1) of Section | 3 | | 8-111.
Failure to immediately cease an investigation and | 4 | | dismiss the charge of civil
rights violation as provided in | 5 | | this paragraph
(3) constitutes grounds for entry of an | 6 | | order by the circuit court permanently
enjoining the
| 7 | | investigation. The Department may also be liable for any
| 8 | | costs and other damages incurred by the respondent as a | 9 | | result of the action of
the Department.
| 10 | | (4) (Blank) The Department shall stay any | 11 | | administrative proceedings
under this Section after the | 12 | | filing of a civil action by or on behalf of the
aggrieved | 13 | | party under any federal or State law seeking relief with | 14 | | respect to
the
alleged civil rights violation .
| 15 | | (H) This amendatory Act of 1995 applies to causes of action | 16 | | filed on or
after January 1, 1996.
| 17 | | (I) This amendatory Act of 1996 applies to causes of action | 18 | | filed on or
after January 1, 1996.
| 19 | | (J) The changes made to this Section by Public Act 95-243 | 20 | | apply to charges filed on or
after the effective date of those | 21 | | changes.
| 22 | | (K) The changes made to this Section by this amendatory Act | 23 | | of the 96th General Assembly apply to charges filed on or
after | 24 | | the effective date of those changes. | 25 | | (L) The changes made to this Section by this amendatory Act | 26 | | of the 100th General Assembly apply to charges filed on or
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| 1 | | after the effective date of this amendatory Act of the 100th | 2 | | General Assembly. | 3 | | (Source: P.A. 100-492, eff. 9-8-17.)
| 4 | | (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
| 5 | | Sec. 7B-102. Procedures.
| 6 | | (A) Charge.
| 7 | | (1) Within one year after the
date that a civil rights | 8 | | violation allegedly has been committed or terminated,
a | 9 | | charge in writing under oath or affirmation may be filed | 10 | | with the
Department by an aggrieved party or issued by the | 11 | | Department itself
under the signature of the Director.
| 12 | | (2) The charge shall be in such detail as to | 13 | | substantially apprise
any party properly concerned as to | 14 | | the time, place, and facts
surrounding the alleged civil | 15 | | rights violation.
| 16 | | (B) Notice and Response to Charge.
| 17 | | (1) The Department shall serve
notice upon the | 18 | | aggrieved party acknowledging such charge and advising the
| 19 | | aggrieved party of the time limits and choice of forums | 20 | | provided under this
Act. The Department shall, within 10 | 21 | | days of the date on which the charge
was filed or the | 22 | | identification of an additional respondent under paragraph
| 23 | | (2) of this subsection, serve on the respondent a copy of | 24 | | the charge along with a notice
identifying the alleged | 25 | | civil rights violation and advising the
respondent of the |
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| 1 | | procedural rights and obligations of respondents under
| 2 | | this Act and may require the respondent to file a response | 3 | | to
the allegations contained in the charge. Upon the | 4 | | Department's request, the respondent
shall file a response | 5 | | to the charge within 30 days and
shall serve a copy of its | 6 | | response on the complainant or his or her
representative. | 7 | | Notwithstanding
any request from the Department, the | 8 | | respondent may elect
to file a response to the charge | 9 | | within 30 days of receipt
of notice of the charge, provided | 10 | | the respondent serves a copy of its response on the | 11 | | complainant or his or her representative. All allegations | 12 | | contained in the charge
not denied by the respondent within | 13 | | 30 days after the Department's request for a response may | 14 | | be deemed admitted, unless the
respondent states that it is | 15 | | without sufficient information to
form a belief with | 16 | | respect to such allegation. The Department may issue
a | 17 | | notice of default directed to any respondent who fails to | 18 | | file a
response to a charge within 30 days of the | 19 | | Department's request, unless the respondent can | 20 | | demonstrate good cause as
to why such notice should not | 21 | | issue. The term "good cause" shall be defined by rule | 22 | | promulgated by the Department. Within 10 days of the date | 23 | | he or she
receives the respondent's response, the | 24 | | complainant may file his or her reply to
said response. If | 25 | | he or she chooses to file a reply, the complainant shall | 26 | | serve
a copy of said reply on the respondent or his or her |
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| 1 | | representative. A party may
supplement his or her response | 2 | | or reply at any time that
the investigation of the charge | 3 | | is pending.
| 4 | | (2) A person who is not named as a respondent in a | 5 | | charge, but who is
identified as a respondent in the course | 6 | | of investigation, may be joined as
an additional or | 7 | | substitute respondent upon written notice, under | 8 | | subsection
(B), to such person, from the Department.
Such | 9 | | notice, in addition to meeting the requirements of | 10 | | subsections (A)
and (B), shall explain the basis for the | 11 | | Department's belief that a person
to whom the notice is | 12 | | addressed is properly joined as a respondent.
| 13 | | (C) Investigation.
| 14 | | (1) The Department shall conduct a full investigation
| 15 | | of the allegations set forth in the charge and complete | 16 | | such investigation
within 100 days after the filing of the | 17 | | charge, unless it is impracticable to
do so. The | 18 | | Department's failure to complete the investigation within | 19 | | 100 days after the proper filing of the charge does not | 20 | | deprive the Department of jurisdiction over the charge.
| 21 | | (2) If the Department is unable to complete the | 22 | | investigation within 100
days after the charge is filed, | 23 | | the Department shall notify the complainant
and respondent | 24 | | in writing of the reasons for not doing so.
| 25 | | (3) The Director or his or her designated | 26 | | representative shall have
authority to request any member |
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| 1 | | of the Commission to issue subpoenas to
compel the | 2 | | attendance of a witness or the production for
examination | 3 | | of any books, records or documents whatsoever.
| 4 | | (4) If any witness whose testimony is required for any | 5 | | investigation
resides outside the State, or through | 6 | | illness or any other good cause as
determined by the | 7 | | Director is unable to be interviewed by the investigator
or | 8 | | appear at a fact finding conference, his or her testimony | 9 | | or deposition
may be taken, within or without the State, in | 10 | | the same manner as
provided for in the taking of | 11 | | depositions in civil cases in circuit courts.
| 12 | | (5) Upon reasonable notice to the complainant and the | 13 | | respondent,
the Department shall conduct a fact finding | 14 | | conference, unless prior to
100 days from the date on which | 15 | | the charge was filed, the Director has
determined whether | 16 | | there is substantial evidence that the alleged civil
rights | 17 | | violation has been committed or the parties voluntarily and | 18 | | in writing agree to waive the fact finding conference. A | 19 | | party's failure to attend the
conference
without good cause | 20 | | may result in dismissal or default. A notice of dismissal
| 21 | | or default shall be issued by the Director and shall notify | 22 | | the relevant
party that a request for review may be filed | 23 | | in writing with the Commission
within 30 days of receipt of | 24 | | notice of dismissal or default.
| 25 | | (D) Report.
| 26 | | (1) Each investigated charge investigated under |
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| 1 | | subsection (C) shall be the subject of a
report to the | 2 | | Director. The report shall be a confidential document
| 3 | | subject to review by the Director, authorized Department | 4 | | employees, the
parties, and, where indicated by this Act, | 5 | | members of the Commission or
their designated hearing | 6 | | officers.
| 7 | | The report shall contain:
| 8 | | (a) the names and dates of contacts with witnesses;
| 9 | | (b) a summary and the date of correspondence and | 10 | | other contacts with the
aggrieved party and the | 11 | | respondent;
| 12 | | (c) a summary description of other pertinent | 13 | | records;
| 14 | | (d) a summary of witness statements; and
| 15 | | (e) answers to questionnaires.
| 16 | | A final report under this paragraph may be amended if | 17 | | additional evidence
is later discovered.
| 18 | | (2) Upon review of the report and within 100 days of | 19 | | the filing of the
charge, unless it is impracticable
to do | 20 | | so, the Director shall determine whether there is | 21 | | substantial
evidence that the alleged civil rights | 22 | | violation has been committed or is
about to be committed.
| 23 | | If the Director is unable to make the determination within | 24 | | 100 days after
the filing of the charge, the Director shall | 25 | | notify the complainant and
respondent in writing of the | 26 | | reasons for not doing so. The Director's failure to make |
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| 1 | | the determination within 100 days after the proper filing | 2 | | of the charge does not deprive the Department of | 3 | | jurisdiction over the charge.
| 4 | | (a) If the Director determines that there is no | 5 | | substantial
evidence, the charge shall be dismissed | 6 | | and the aggrieved party notified
that he or she may | 7 | | seek review of the dismissal order before the
| 8 | | Commission. The aggrieved party shall have 90 days from | 9 | | receipt of notice
to file a request for review by the | 10 | | Commission. The
Director shall make
public disclosure | 11 | | of each such dismissal.
| 12 | | (b) If the Director determines that there is | 13 | | substantial evidence, he or
she shall immediately | 14 | | issue a complaint on behalf of the aggrieved party
| 15 | | pursuant to subsection (F).
| 16 | | (E) Conciliation.
| 17 | | (1) During the period beginning with the filing of
| 18 | | charge and ending with the filing of a complaint or a | 19 | | dismissal by the
Department, the Department shall, to the | 20 | | extent feasible, engage in
conciliation with respect to | 21 | | such charge.
| 22 | | When the Department determines that a formal
| 23 | | conciliation conference is feasible, the aggrieved party | 24 | | and respondent
shall be notified of the time and place of | 25 | | the conference by registered
or certified mail at least 7 | 26 | | days prior thereto and either or both
parties shall appear |
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| 1 | | at the conference in person or by attorney.
| 2 | | (2) The place fixed for the conference shall be within | 3 | | 35 miles of
the place where the civil rights violation is | 4 | | alleged to have been
committed.
| 5 | | (3) Nothing occurring at the conference shall be made | 6 | | public or used as
evidence in a subsequent proceeding for | 7 | | the purpose of proving a violation
under this Act unless | 8 | | the complainant and respondent agree in writing that
such | 9 | | disclosure be made.
| 10 | | (4) A conciliation agreement arising out of such | 11 | | conciliation shall be
an agreement between the respondent | 12 | | and the complainant, and shall be
subject to approval by | 13 | | the Department and Commission.
| 14 | | (5) A conciliation agreement may provide for binding | 15 | | arbitration of the
dispute arising from the charge. Any | 16 | | such arbitration that results from a
conciliation | 17 | | agreement may award appropriate relief, including monetary | 18 | | relief.
| 19 | | (6) Each conciliation agreement shall be made public | 20 | | unless the
complainant and respondent otherwise agree and | 21 | | the Department determines
that disclosure is not required | 22 | | to further the purpose of this Act.
| 23 | | (F) Complaint.
| 24 | | (1) When there is a failure to settle or adjust any
| 25 | | charge through a conciliation conference and the charge is | 26 | | not dismissed,
the Department shall prepare a
written |
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| 1 | | complaint, under oath or affirmation, stating the nature of | 2 | | the
civil rights violation and the relief sought on behalf | 3 | | of the aggrieved
party. Such complaint shall be based on | 4 | | the final investigation report and
need not be limited to | 5 | | the facts or grounds alleged in the charge filed
under | 6 | | subsection (A).
| 7 | | (2) The complaint shall be filed with the Commission.
| 8 | | (3) The Department may not issue a complaint under this | 9 | | Section
regarding an alleged civil rights violation after | 10 | | the beginning of
the trial of a civil action commenced by | 11 | | the aggrieved party under any
State or federal law, seeking | 12 | | relief with respect to that alleged civil rights
violation.
| 13 | | (G) Time Limit.
| 14 | | (1) When a charge of a civil rights violation has been
| 15 | | properly filed, the Department, within 100 days thereof, | 16 | | unless it is
impracticable to do so,
shall either issue and | 17 | | file a complaint in the manner and form set forth in
this | 18 | | Section or shall order that no complaint be issued. Any | 19 | | such order
shall be duly served upon both the aggrieved | 20 | | party and the respondent. The Department's failure to | 21 | | either issue and file a complaint or order that no | 22 | | complaint be issued within 100 days after the proper filing | 23 | | of the charge does not deprive the Department of | 24 | | jurisdiction over the charge.
| 25 | | (2) The Director shall make available to the aggrieved | 26 | | party
and the respondent, at any time, upon request |
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| 1 | | following completion of the
Department's investigation, | 2 | | information derived from an investigation and
any final | 3 | | investigative report relating to that investigation.
| 4 | | (H) This amendatory Act of 1995 applies to causes of action | 5 | | filed on or
after
January 1, 1996.
| 6 | | (I) The changes made to this Section by Public Act 95-243 | 7 | | apply to charges filed on or
after the effective date of those | 8 | | changes. | 9 | | (J) The changes made to this Section by this amendatory Act | 10 | | of the 96th General Assembly apply to charges filed on or
after | 11 | | the effective date of those changes. | 12 | | (Source: P.A. 100-492, eff. 9-8-17.)
| 13 | | (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
| 14 | | Sec. 8-101. Illinois Human Rights Commission.
| 15 | | (A) Creation; appointments. The Human Rights Commission is | 16 | | created to consist
of 7 13 members appointed by the Governor | 17 | | with the advice and consent of the
Senate. No more than 4 7 | 18 | | members shall be of the same political party. The
Governor | 19 | | shall designate one member as chairperson. All appointments | 20 | | shall
be in writing and filed with the Secretary of State as a | 21 | | public record.
| 22 | | (B) Terms. Of the members first appointed, 4 shall be | 23 | | appointed for a
term to expire on the third Monday of January, | 24 | | 2021 1981 , and 3 5 (including the
Chairperson) shall be | 25 | | appointed for a term to expire on the third Monday
of January, |
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| 1 | | 2023 1983 .
| 2 | | Notwithstanding any provision of this Section to the | 3 | | contrary, the term
of office of each member of the Illinois | 4 | | Human Rights Commission is
abolished on January 19, 2019. | 5 | | Incumbent July 29, 1985, but the
incumbent members holding a | 6 | | position on the Commission that was created by Public Act | 7 | | 84-115 and whose terms, if not for this amendatory Act of the | 8 | | 100th General Assembly, would have expired January 18, 2021 | 9 | | shall continue to exercise all of the powers and be
subject to | 10 | | all of the duties of members of the Commission until June 30, | 11 | | 2019 or until
their respective successors are appointed and | 12 | | qualified , whichever is earlier . Subject to the
provisions of | 13 | | subsection (A), of the 9 members appointed under Public Act
| 14 | | 84-115, effective July 29, 1985, 5 members shall be appointed | 15 | | for terms to
expire on the third Monday of January, 1987, and 4 | 16 | | members shall be
appointed for terms to expire on the third | 17 | | Monday of January, 1989; and
of the 4 additional members | 18 | | appointed under Public Act 84-1084,
effective December 2, 1985, | 19 | | two shall be
appointed for a term to expire on the third Monday | 20 | | of January, 1987, and
two members shall be appointed for a term | 21 | | to expire on the third Monday
of January, 1989.
| 22 | | Thereafter, each member shall serve for a term of 4 years
| 23 | | and until his or her successor is appointed and qualified; | 24 | | except that any
member chosen to fill a vacancy occurring | 25 | | otherwise than by expiration of
a term shall be appointed only | 26 | | for the unexpired term of the member whom
he or she shall |
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| 1 | | succeed and until his or her successor is appointed and
| 2 | | qualified.
| 3 | | (C) Vacancies. | 4 | | (1) In the case of vacancies on the Commission during
a | 5 | | recess of the Senate, the Governor shall make a temporary | 6 | | appointment
until the next meeting of the Senate when he or | 7 | | she shall appoint a person
to fill the vacancy. Any person | 8 | | so nominated and confirmed by the Senate
shall hold office | 9 | | for the remainder of the term and until his or her | 10 | | successor
is appointed and qualified.
| 11 | | (2) If the Senate is not in session at the time this | 12 | | Act takes effect,
the Governor shall make temporary | 13 | | appointments to the Commission as in the
case of vacancies.
| 14 | | (3) Vacancies in the Commission shall not impair the | 15 | | right of the remaining
members to exercise all the powers | 16 | | of the Commission. Except when authorized
by this Act to | 17 | | proceed through a 3 member panel, a majority of the members
| 18 | | of the Commission then in office shall constitute a quorum.
| 19 | | (D) Compensation. On and after January 19, 2019, the The | 20 | | Chairperson of the Commission shall be compensated
at the rate | 21 | | of $125,000 $22,500 per year, or as set by the Compensation | 22 | | Review
Board, whichever is greater, during his or her service | 23 | | as Chairperson,
and each other member shall be compensated at | 24 | | the rate of $119,000 $20,000 per
year, or as set by the | 25 | | Compensation Review Board, whichever is greater.
In addition, | 26 | | all members of the Commission shall be reimbursed for expenses
|
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| 1 | | actually and necessarily incurred by them
in the performance of | 2 | | their duties.
| 3 | | (E) Notwithstanding the general supervisory authority of | 4 | | the Chairperson, each commissioner, unless appointed to the | 5 | | special temporary panel created under subsection (H), has the | 6 | | authority to hire and supervise a staff attorney. The staff | 7 | | attorney shall report directly to the individual commissioner. | 8 | | (F) A formal training program for newly appointed | 9 | | commissioners shall be implemented. The training program shall | 10 | | include the following: | 11 | | (1) substantive and procedural aspects of the office of | 12 | | commissioner; | 13 | | (2) current issues in employment discrimination and | 14 | | public accommodation law and practice; | 15 | | (3) orientation to each operational unit of the
Human | 16 | | Rights Commission; | 17 | | (4) observation of experienced hearing officers and | 18 | | commissioners conducting hearings of cases, combined with | 19 | | the opportunity to discuss evidence presented and rulings | 20 | | made; | 21 | | (5) the use of hypothetical cases requiring the
newly | 22 | | appointed commissioner to issue judgments as a means of | 23 | | evaluating knowledge and writing ability; | 24 | | (6) writing skills; and | 25 | | (7) professional and ethical standards. | 26 | | A formal and ongoing professional development program |
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| 1 | | including, but not limited to, the above-noted areas shall be | 2 | | implemented to keep commissioners informed of recent | 3 | | developments and issues and to assist them in maintaining and | 4 | | enhancing their professional competence. Each commissioner | 5 | | shall complete 20 hours of training in the above-noted areas | 6 | | during every 2 years the commissioner remains in office. | 7 | | (G) Commissioners must meet one of the following | 8 | | qualifications: | 9 | | (1) licensed to practice law in the State of Illinois; | 10 | | (2) at least 3 years of experience as a hearing officer | 11 | | at the Human Rights Commission; or | 12 | | (3) at least 4 years of professional experience working | 13 | | for or dealing with individuals or corporations affected by | 14 | | this Act or similar laws in other jurisdictions, including, | 15 | | but not limited to, experience with a civil rights advocacy | 16 | | group, a fair housing group, a trade association, a union, | 17 | | a law firm, a legal aid organization, an employer's human | 18 | | resources department, an employment discrimination | 19 | | consulting firm, or a municipal human relations agency. | 20 | | The Governor's appointment message, filed with the | 21 | | Secretary of State and transmitted to the Senate, shall state | 22 | | specifically how the experience of a nominee for commissioner | 23 | | meets the requirement set forth in this subsection. The | 24 | | Chairperson must have public or private sector management and | 25 | | budget experience, as determined by the Governor. | 26 | | Each commissioner shall devote full time to his or her |
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| 1 | | duties and any commissioner who is an attorney shall not engage | 2 | | in the practice of law, nor shall any commissioner hold any | 3 | | other office or position of profit under the United States or | 4 | | this State or any municipal corporation or political | 5 | | subdivision of this State, nor engage in any other business, | 6 | | employment, or vocation. | 7 | | (H) Notwithstanding any other provision of this Act, the | 8 | | Governor shall appoint, by and with the consent of the Senate, | 9 | | a special temporary panel of commissioners comprised of 3 | 10 | | members. The members shall hold office until the Commission, in | 11 | | consultation with the Governor, determines that the caseload of | 12 | | requests for review has been reduced sufficiently to allow | 13 | | cases to proceed in a timely manner, or for a term of 18 months | 14 | | from the date of appointment by the Governor, whichever is | 15 | | earlier. Each of the 3 members shall have only such rights and | 16 | | powers of a commissioner necessary to dispose of the cases | 17 | | assigned to the special panel. Each of the 3 members appointed | 18 | | to the special panel shall receive the same salary as other | 19 | | commissioners for the duration of the panel. The panel shall | 20 | | have the authority to hire and supervise a staff attorney who | 21 | | shall report to the panel of commissioners. | 22 | | (Source: P.A. 99-642, eff. 7-28-16.)
| 23 | | (775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
| 24 | | Sec. 8-102. Powers and Duties. In addition to the other | 25 | | powers
and duties prescribed in this Act, the Commission shall |
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| 1 | | have the following
powers and duties:
| 2 | | (A) Meetings. To meet and function at any place within the | 3 | | State.
| 4 | | (B) Offices. To establish and maintain offices in | 5 | | Springfield and Chicago.
| 6 | | (C) Employees. To select and fix the compensation of such | 7 | | technical
advisors and employees as it may deem necessary | 8 | | pursuant to the provisions
of "The Personnel Code".
| 9 | | (D) Hearing Officers. To select and fix the compensation of | 10 | | hearing
officers who shall be attorneys duly licensed to | 11 | | practice law in this State
and full time employees of the | 12 | | Commission.
| 13 | | A formal and unbiased training program for hearing officers | 14 | | shall be
implemented. The training program shall include the | 15 | | following:
| 16 | | (1) substantive and procedural aspects of the hearing | 17 | | officer position;
| 18 | | (2) current issues in human rights law and practice;
| 19 | | (3) lectures by specialists in substantive areas | 20 | | related to human rights matters;
| 21 | | (4) orientation to each operational unit of the | 22 | | Department and Commission;
| 23 | | (5) observation of experienced hearing officers | 24 | | conducting hearings of
cases, combined with the | 25 | | opportunity to discuss evidence presented and rulings
| 26 | | made;
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| 1 | | (6) the use of hypothetical cases requiring the hearing | 2 | | officer to
issue judgments as a means to evaluating | 3 | | knowledge and writing ability;
| 4 | | (7) writing skills;
| 5 | | (8) computer skills, including but not limited to word | 6 | | processing and
document management.
| 7 | | A formal, unbiased and ongoing professional development | 8 | | program
including, but not limited to, the above-noted areas | 9 | | shall be implemented
to keep hearing officers informed of | 10 | | recent developments and issues and to
assist them in | 11 | | maintaining and enhancing their professional competence.
| 12 | | (E) Rules and Regulations. To adopt, promulgate, amend, and | 13 | | rescind rules
and regulations not inconsistent with the | 14 | | provisions of this Act pursuant
to the Illinois Administrative | 15 | | Procedure Act.
| 16 | | (F) Compulsory Process. To issue and authorize requests for | 17 | | enforcement
of subpoenas and other compulsory process | 18 | | established by this Act.
| 19 | | (G) Decisions. Through a panel of three members designated | 20 | | by the
Chairperson on a random basis, to hear and decide by | 21 | | majority vote complaints filed in conformity with this Act and | 22 | | to approve
proposed settlements. Decisions by commissioners | 23 | | must be based strictly on neutral interpretations of the law | 24 | | and the facts.
| 25 | | (H) Rehearings. To order, by a vote of 3 6 members, | 26 | | rehearing of its
decisions by the entire Commission in |
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| 1 | | conformity with this Act.
| 2 | | (I) Judicial Enforcement. To authorize requests for | 3 | | judicial enforcement
of its orders in conformity with this Act.
| 4 | | (J) Opinions. To publish each decision within 180 days of | 5 | | the decision its decisions in timely fashion to assure a
| 6 | | consistent source of precedent. Published decisions shall be | 7 | | subject to the Personal Information Protection Act.
| 8 | | (K) Public Grants; Private Gifts. To accept public grants | 9 | | and private
gifts as may be authorized.
| 10 | | (L) Interpreters. To appoint at the expense of the | 11 | | Commission a qualified
sign language interpreter whenever a | 12 | | hearing impaired person is a party or
witness at a public | 13 | | hearing.
| 14 | | (M) Automated Processing Plan. To prepare an electronic | 15 | | data processing
and telecommunications plan jointly with the | 16 | | Department in accordance with
Section 7-112.
| 17 | | (N) The provisions of this amendatory Act of 1995 amending | 18 | | subsection (G)
of this Section apply to causes of action filed | 19 | | on or after January 1, 1996.
| 20 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 21 | | (775 ILCS 5/8-103) (from Ch. 68, par. 8-103)
| 22 | | Sec. 8-103. Request for Review.
| 23 | | (A) Jurisdiction. The Commission,
through a panel of three | 24 | | members, shall have jurisdiction to hear and
determine requests | 25 | | for review of (1) decisions of the Department to dismiss
a |
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| 1 | | charge; and (2) notices of default issued by the Department.
| 2 | | In each instance, the Department shall be the respondent. | 3 | | The respondent on the charge, in the case of dismissal, or the | 4 | | complainant, in the case of default, may file a response to the | 5 | | request for review.
| 6 | | (B) Review. When a request for review is properly filed, | 7 | | the Commission
may consider the Department's report, any | 8 | | argument and supplemental evidence
timely submitted, and the | 9 | | results of any additional investigation conducted by
the
| 10 | | Department in response to the request. In its discretion, the | 11 | | Commission
may designate a hearing officer to conduct a hearing | 12 | | into the factual basis
of the matter at issue. Within 120 days | 13 | | after the effective date of this amendatory Act of the 100th | 14 | | General Assembly, the Commission shall adopt rules of minimum | 15 | | standards for the contents of responses to requests for review, | 16 | | including, but not limited to, proposed statements of | 17 | | uncontested facts and proposed statements of the legal issues.
| 18 | | (C) Default Order. When a respondent fails to file a timely | 19 | | request
for review of a notice of default, or the default is | 20 | | sustained on review,
the Commission shall enter a default order | 21 | | and notify the parties that the complainant has the right to | 22 | | either commence a civil action in the appropriate circuit court | 23 | | to determine the complainant's damages or request that the | 24 | | Commission set a hearing on damages before one of its hearing | 25 | | officers. The complainant shall have 90 days after receipt of | 26 | | the Commission's default order to either commence a civil |
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| 1 | | action in the appropriate circuit court or request that the | 2 | | Commission set a hearing on damages.
| 3 | | (D) Time Period Toll. Proceedings on requests for review | 4 | | shall toll
the time limitation established in paragraph (G) of | 5 | | Section 7A-102 from
the date on which the Department's notice | 6 | | of dismissal or default is issued
to the date
on which the | 7 | | Commission's order is entered.
| 8 | | (E) The changes made to this Section by Public Act 95-243 | 9 | | apply to charges or complaints filed with the Department or | 10 | | Commission on or
after the effective date of those changes. | 11 | | (F) The changes made to this Section by this amendatory Act | 12 | | of the 96th General Assembly apply to charges or complaints | 13 | | filed with the Department or Commission on or
after the | 14 | | effective date of those changes. | 15 | | (G) The changes made to this Section by this amendatory Act | 16 | | of the 100th General Assembly apply to charges filed or pending | 17 | | with the Department or Commission on or
after the effective | 18 | | date of this amendatory Act of the 100th General Assembly. | 19 | | (Source: P.A. 95-243, eff. 1-1-08; 96-876, eff. 2-2-10.)
| 20 | | (775 ILCS 5/8-110) (from Ch. 68, par. 8-110)
| 21 | | Sec. 8-110. Publication of Opinions. Decisions of the | 22 | | Commission or panels
thereof, whether on requests for review or
| 23 | | complaints, shall be
made available on the Commission's website | 24 | | and to online legal research companies within 14 calendar days | 25 | | after publication by the Commission as required by subsection |
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| 1 | | (J) of Section 8-102. Published decisions shall be subject to | 2 | | the Personal Information Protection Act published within 120 | 3 | | calendar days of the completion of service of the written
| 4 | | decision on the parties to ensure a consistent source of | 5 | | precedent .
| 6 | | This amendatory Act of 1995 applies to causes of action | 7 | | filed on or after
January 1, 1996.
| 8 | | The changes made to this Section by this amendatory Act of | 9 | | the 95th General Assembly apply to decisions of the Commission | 10 | | entered on or
after the effective date of those changes. | 11 | | (Source: P.A. 95-243, eff. 1-1-08.)
| 12 | | (775 ILCS 5/8A-103) (from Ch. 68, par. 8A-103)
| 13 | | Sec. 8A-103. Review by Commission.
| 14 | | (A) Exceptions. Within 30 days of the receipt of service of | 15 | | the hearing
officer's recommended order, a party may file with | 16 | | the Commission any
written exceptions to any part of the order. | 17 | | Exceptions shall be supported
by argument and served on all | 18 | | parties at the time they are filed. If no
exceptions are filed, | 19 | | the recommended order shall become the order of the
Commission | 20 | | without further review. The Commission shall issue a notice | 21 | | that no exceptions have been filed no later than 30 days after | 22 | | the exceptions were due.
| 23 | | (B) Response. Within 21 days of the receipt of service of | 24 | | exceptions,
a party may file with the Commission any response | 25 | | to the exceptions.
Responses shall be supported by argument and |
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| 1 | | served on all parties at the
time they are filed.
| 2 | | (C) Oral Argument. A party may request oral argument at the | 3 | | time of filing
exceptions or a response to exceptions. When any | 4 | | party requests oral argument
in this manner, the Commission may | 5 | | schedule oral argument to be
heard
by a panel of 3 Commission | 6 | | members. If the panel grants oral argument, it shall notify all | 7 | | parties
of the time and place of argument. Any party so | 8 | | notified may present
oral argument.
| 9 | | (D) Remand.
| 10 | | (1) The Commission, on its own motion or at the written | 11 | | request of any
party made at the time of filing exceptions | 12 | | or responses, may remand a case
to a hearing officer for | 13 | | purposes of a rehearing to reconsider evidence or
hear | 14 | | additional evidence in the matter. The Commission shall | 15 | | issue and
serve on all parties a written order remanding | 16 | | the cause and specifying the
additional evidence.
| 17 | | (2) The hearing officer presiding at a rehearing shall | 18 | | set a hearing
date, in accordance with subsection (B) of | 19 | | Section 8A-102, upon due notice
to all parties.
| 20 | | (3) After conclusion of the rehearing, the hearing | 21 | | officer shall file
written findings and recommendations | 22 | | with the Commission and serve copies
at the same time on | 23 | | all parties in the same manner as provided in
subsection | 24 | | (I) of Section 8A-102. The findings and recommendations | 25 | | shall
be subject to review by the Commission as provided in | 26 | | this Section.
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| 1 | | (E) Review.
| 2 | | (1) Following the filing of the findings and | 3 | | recommended order of the
hearing officer and any written | 4 | | exceptions and responses, and any other
proceedings | 5 | | provided for in this Section, the Commission, through a | 6 | | panel of 3
members, shall decide whether to accept the case | 7 | | for review. If the panel
declines to review the recommended | 8 | | order, it shall become the order
of the Commission. The | 9 | | Commission shall issue a notice within 30 days after a | 10 | | Commission panel votes to decline review. If the panel | 11 | | accepts the case, it shall review the record
and may adopt, | 12 | | modify, or reverse in whole or in part the findings and
| 13 | | recommendations of the hearing officer.
| 14 | | (2) When reviewing a recommended order, the Commission | 15 | | shall adopt the
hearing officer's findings of fact
if they | 16 | | are not contrary to the manifest weight of the evidence.
| 17 | | (3) If the Commission accepts a case for review, it
| 18 | | shall file its written order and decision in its office
and | 19 | | serve copies on all parties together with a notification of | 20 | | the date
when it was filed. If the Commission declines to | 21 | | review a recommended order
or if no exceptions have been | 22 | | filed, it shall issue a short statement notifying
the | 23 | | parties that the recommended order has become the order of | 24 | | the Commission.
The statement shall be served on the | 25 | | parties by first class mail.
| 26 | | (4) A recommended order authored by a non-presiding
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| 1 | | hearing officer under
subparagraph 8A-102(I)(4) of this | 2 | | Act shall be reviewed in the same
manner as a recommended | 3 | | order authored by a presiding
hearing officer.
| 4 | | (F) Rehearing.
| 5 | | (1) Within 30 days after service of the Commission's | 6 | | order or statement
declining review, a party may file an | 7 | | application for rehearing before the
full Commission.
The | 8 | | application shall be served on all other parties. The | 9 | | Commission shall
have discretion to order a response to the | 10 | | application. The filing of an
application for rehearing is | 11 | | optional. The failure to file an application
for rehearing | 12 | | shall not be considered a failure to exhaust administrative
| 13 | | remedies. This amendatory Act of 1991 applies to pending | 14 | | proceedings as
well as those filed on or after its | 15 | | effective date.
| 16 | | (2) Applications for rehearing shall be viewed with | 17 | | disfavor and may
be granted, by vote of 6 Commission | 18 | | members, only upon a clear demonstration
that a matter | 19 | | raises legal issues of significant impact or that | 20 | | Commission
decisions are in conflict.
| 21 | | (3) When an application for rehearing is granted, the | 22 | | original order shall
be nullified and oral argument before | 23 | | the full Commission shall be scheduled.
The Commission may | 24 | | request the parties to file any additional written | 25 | | arguments
it deems necessary.
| 26 | | (G) Modification of Order.
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| 1 | | (1) At any time before a final order of
the court in a | 2 | | proceeding for judicial review under this Act, the | 3 | | Commission
or the 3-member panel that decided the matter, | 4 | | upon reasonable notice,
may modify or set aside in whole or | 5 | | in part any finding or order made by
it in accordance with | 6 | | this Section.
| 7 | | (2) Any modification shall be accomplished by the | 8 | | filing and service of
a supplemental order and decision by | 9 | | the Commission in the same manner as
provided in this | 10 | | Section.
| 11 | | (H) Extensions of time. All motions for extensions of time | 12 | | with
respect to matters being considered by the Commission | 13 | | shall be decided by
the full Commission or a 3-member panel. If | 14 | | a motion for extension of
time cannot be ruled upon before the | 15 | | filing deadline sought to be
extended, the Chairperson of the | 16 | | Commission shall be authorized to extend
the filing deadline to | 17 | | the date of the next Commission meeting at which the
motion can | 18 | | be considered.
| 19 | | (Source: P.A. 89-348, eff. 1-1-96; 89-370, eff. 8-18-95; | 20 | | 89-626, eff.
8-9-96.)
| 21 | | (775 ILCS 5/8B-103) (from Ch. 68, par. 8B-103)
| 22 | | Sec. 8B-103. Review by Commission.
| 23 | | (A) Exceptions. Within 30 days of the receipt of service of | 24 | | the hearing
officer's recommended order, a party may file with | 25 | | the Commission any
written exceptions to any part of the order. |
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| 1 | | Exceptions shall be supported
by argument and served on all | 2 | | parties at the time they are filed. If no
exceptions are filed, | 3 | | the recommended order shall become the order of the
Commission | 4 | | without further review. The Commission shall issue a notice | 5 | | that no exceptions have been filed no later than 30 days after | 6 | | the exceptions were due.
| 7 | | (B) Response. Within 21 days of the receipt of service of | 8 | | exceptions,
a party may file with the Commission any response | 9 | | to the exceptions.
Responses shall be supported by argument and | 10 | | served on all parties at the
time they are filed.
| 11 | | (C) Oral Argument. A party may request oral argument at the | 12 | | time of filing
exceptions or a response to exceptions. When any | 13 | | party requests oral argument
in this manner, the Commission may | 14 | | schedule oral argument to be
heard
by a panel of 3 Commission | 15 | | members. If the panel grants oral
argument, it shall notify all | 16 | | parties of
the time and place of argument. Any party so | 17 | | notified may present
oral argument.
| 18 | | (D) Remand.
| 19 | | (1) The Commission, on its own motion or at the written | 20 | | request of any
party made at the time of filing exceptions | 21 | | or responses, may remand a case
to a hearing officer for | 22 | | purposes of a rehearing to reconsider evidence or
hear | 23 | | additional evidence in the matter. The Commission shall | 24 | | issue and
serve on all parties a written order remanding | 25 | | the cause and specifying the
additional evidence.
| 26 | | (2) The hearing officer presiding at a rehearing shall |
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| 1 | | set a hearing date,
in accordance with Section 8B-102(C), | 2 | | upon due notice to all parties.
| 3 | | (3) After conclusion of the rehearing, the hearing | 4 | | officer shall file
written findings and recommendations | 5 | | with the Commission and serve copies
at the same time on | 6 | | all parties in the same manner as provided in Section
| 7 | | 8B-102(J). The findings and recommendations shall be | 8 | | subject to review by
the Commission as provided in this | 9 | | Section.
| 10 | | (E) Review.
| 11 | | (1) Following the filing of the findings and | 12 | | recommended
order of the hearing officer and any written | 13 | | exceptions and responses, and
any other proceedings | 14 | | provided for in this Section, the Commission, through
a | 15 | | panel of 3 members, may review the record and may adopt,
| 16 | | modify,
or reverse in whole or in part the findings and | 17 | | recommendations of the
hearing officer.
| 18 | | (2) When reviewing a recommended order, the Commission | 19 | | shall adopt the
hearing officer's findings of fact
if they | 20 | | are not contrary to the manifest weight of the evidence.
| 21 | | (3) If the Commission accepts a case for review, it
| 22 | | shall file its written order and decision in its
office and | 23 | | serve copies on all parties together with a notification of | 24 | | the
date when it was filed. If the Commission declines to | 25 | | review a recommended
order or if no exceptions have been | 26 | | filed, it shall issue a short statement
notifying the |
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| 1 | | parties that the recommended order has become the order of | 2 | | the
Commission. The statement shall be served on the | 3 | | parties by first class
mail.
| 4 | | (3.1) A recommended order authored by a non-presiding
| 5 | | hearing officer under
subparagraph 8B-102(J)(4) shall be | 6 | | reviewed in the same
manner as a recommended order authored | 7 | | by a presiding
hearing officer.
| 8 | | (4) The Commission shall issue a final decision within | 9 | | one
year of the date a charge is filed with the Department | 10 | | unless it is
impracticable to do so. If the Commission is | 11 | | unable to issue a final decision within one year of the | 12 | | date the charge is filed with the
Department, it shall | 13 | | notify all parties in writing of the reasons for
not doing | 14 | | so.
| 15 | | (F) Rehearing.
| 16 | | (1) Within 30 days after service of the Commission's | 17 | | order or statement
declining review, a party may file an | 18 | | application for rehearing before the
full Commission.
The | 19 | | application shall be served on all other parties. The | 20 | | Commission shall
have discretion to order a response to the | 21 | | application. The filing of an
application for rehearing is | 22 | | optional. The failure to file an application
for rehearing | 23 | | shall not be considered a failure to exhaust administrative
| 24 | | remedies. This amendatory Act of 1991 applies to pending | 25 | | proceedings as
well as those filed on or after its | 26 | | effective date.
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| 1 | | (2) Applications for rehearing shall be viewed with | 2 | | disfavor, and may
be granted, by vote of 6 Commission | 3 | | members, only upon a clear demonstration
that a matter | 4 | | raises legal issues of significant impact or that
| 5 | | Commission decisions are in conflict.
| 6 | | (3) When an application for rehearing is granted, the | 7 | | original order
shall be nullified and oral argument before | 8 | | the full Commission shall be
scheduled. The Commission may | 9 | | request the parties to file any additional
written | 10 | | arguments it deems necessary.
| 11 | | (G) Modification of Order.
| 12 | | (1) At any time before a final order of the court in a | 13 | | proceeding for
judicial review under this Act, the | 14 | | Commission or the 3-member panel that
decided the matter, | 15 | | upon reasonable notice, may modify or set aside in
whole or | 16 | | in part any finding or order made by it in accordance with | 17 | | this
Section.
| 18 | | (2) Any modification shall be accomplished by the | 19 | | filing and service of
a supplemental order and decision by | 20 | | the Commission in the same manner as
provided in this | 21 | | Section.
| 22 | | (H) Extensions of time. All motions for extensions of time | 23 | | with
respect to matters being considered by the Commission | 24 | | shall be decided by
the full Commission or a 3-member panel. If | 25 | | a motion for extension of
time cannot be ruled upon before the | 26 | | filing deadline sought to be
extended, the Chairperson of the |
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| 1 | | Commission shall be authorized to extend
the filing deadline to | 2 | | the date of the next Commission meeting at which the
motion can | 3 | | be considered.
| 4 | | (Source: P.A. 89-348, eff. 1-1-96; 89-370, eff. 8-18-95; | 5 | | 89-626, eff.
8-9-96.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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