Illinois General Assembly - Full Text of SB1516
Illinois General Assembly

Previous General Assemblies

Full Text of SB1516  100th General Assembly

SB1516sam001 100TH GENERAL ASSEMBLY

Sen. Napoleon Harris, III

Filed: 3/30/2017

 

 


 

 


 
10000SB1516sam001LRB100 11152 HEP 24143 a

1
AMENDMENT TO SENATE BILL 1516

2    AMENDMENT NO. ______. Amend Senate Bill 1516 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

 

 

10000SB1516sam001- 2 -LRB100 11152 HEP 24143 a

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

 

 

10000SB1516sam001- 3 -LRB100 11152 HEP 24143 a

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

 

 

10000SB1516sam001- 4 -LRB100 11152 HEP 24143 a

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

 

 

10000SB1516sam001- 5 -LRB100 11152 HEP 24143 a

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

 

 

10000SB1516sam001- 6 -LRB100 11152 HEP 24143 a

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 within 60 days
23of receipt of the notice of the charge. The respondent shall
24serve a copy of its response on the complainant or his or her
25representative. All allegations contained in the charge not
26timely denied by the respondent may shall be deemed admitted,

 

 

10000SB1516sam001- 7 -LRB100 11152 HEP 24143 a

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

 

 

10000SB1516sam001- 8 -LRB100 11152 HEP 24143 a

1complainant pursuant to subparagraph (2) of paragraph (G) or by
2the Department pursuant to subparagraph (1) of paragraph (G).
3    (B-1) Mediation. The complainant and respondent may agree
4to voluntarily submit the charge to mediation without waiving
5any rights that are otherwise available to either party
6pursuant to this Act and without incurring any obligation to
7accept the result of the mediation process. Nothing occurring
8in mediation shall be disclosed by the Department or admissible
9in evidence in any subsequent proceeding unless the complainant
10and the respondent agree in writing that such disclosure be
11made.
12    (C) Investigation.
13        (1) The After the respondent has been notified, the
14    Department shall conduct an a full investigation
15    sufficient to determine whether of the allegations set
16    forth in the charge are supported by substantial evidence.
17        (2) The Director or his or her designated
18    representatives shall have authority to request any member
19    of the Commission to issue subpoenas to compel the
20    attendance of a witness or the production for examination
21    of any books, records or documents whatsoever.
22        (3) If any witness whose testimony is required for any
23    investigation resides outside the State, or through
24    illness or any other good cause as determined by the
25    Director is unable to be interviewed by the investigator or
26    appear at a fact finding conference, his or her testimony

 

 

10000SB1516sam001- 9 -LRB100 11152 HEP 24143 a

1    or deposition may be taken, within or without the State, in
2    the same manner as is provided for in the taking of
3    depositions in civil cases in circuit courts.
4        (4) Upon reasonable notice to the complainant and the
5    respondent, the Department shall conduct a fact finding
6    conference, unless prior to 365 days after the date on
7    which the charge was filed the Director has determined
8    whether there is substantial evidence that the alleged
9    civil rights violation has been committed, the charge has
10    been dismissed for lack of jurisdiction, or the parties
11    voluntarily and in writing agree to waive the fact finding
12    conference. Any party's failure to attend the conference
13    without good cause shall result in dismissal or default.
14    The term "good cause" shall be defined by rule promulgated
15    by the Department. A notice of dismissal or default shall
16    be issued by the Director. The notice of default issued by
17    the Director shall notify the respondent that a request for
18    review may be filed in writing with the Commission within
19    30 days of receipt of notice of default. The notice of
20    dismissal issued by the Director shall give the complainant
21    notice of his or her right to seek review of the dismissal
22    before the Human Rights Commission or commence a civil
23    action in the appropriate circuit court. If the complainant
24    chooses to have the Human Rights Commission review the
25    dismissal order, he or she shall file a request for review
26    with the Commission within 90 days after receipt of the

 

 

10000SB1516sam001- 10 -LRB100 11152 HEP 24143 a

1    Director's notice. If the complainant chooses to file a
2    request for review with the Commission, he or she may not
3    later commence a civil action in a circuit court. If the
4    complainant chooses to commence a civil action in a circuit
5    court, he or she must do so within 90 days after receipt of
6    the Director's notice.
7    (D) Report.
8        (1) Each charge shall be the subject of a report to the
9    Director. The report shall be a confidential document
10    subject to review by the Director, authorized Department
11    employees, the parties, and, where indicated by this Act,
12    members of the Commission or their designated hearing
13    officers.
14        (2) Upon review of the report, the Director shall
15    determine whether there is substantial evidence that the
16    alleged civil rights violation has been committed. The
17    determination of substantial evidence is limited to
18    determining the need for further consideration of the
19    charge pursuant to this Act and includes, but is not
20    limited to, findings of fact and conclusions, as well as
21    the reasons for the determinations on all material issues.
22    Substantial evidence is evidence which a reasonable mind
23    accepts as sufficient to support a particular conclusion
24    and which consists of more than a mere scintilla but may be
25    somewhat less than a preponderance.
26        (3) If the Director determines that there is no

 

 

10000SB1516sam001- 11 -LRB100 11152 HEP 24143 a

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

 

 

10000SB1516sam001- 12 -LRB100 11152 HEP 24143 a

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

 

 

10000SB1516sam001- 13 -LRB100 11152 HEP 24143 a

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

 

 

10000SB1516sam001- 14 -LRB100 11152 HEP 24143 a

1    all parties, shall issue its report as required by
2    subparagraph (D). Any such report shall be duly served upon
3    both the complainant and the respondent.
4        (2) If the Department has not issued its report within
5    365 days after the charge is filed, or any such longer
6    period agreed to in writing by all the parties, the
7    complainant shall have 90 days to either file his or her
8    own complaint with the Human Rights Commission or commence
9    a civil action in the appropriate circuit court. If the
10    complainant files a complaint with the Commission, the form
11    of the complaint shall be in accordance with the provisions
12    of paragraph (F)(1). If the complainant commences a civil
13    action in a circuit court, the form of the complaint shall
14    be in accordance with the Illinois Code of Civil Procedure.
15    The aggrieved party shall notify the Department that a
16    complaint has been filed and shall serve a copy of the
17    complaint on the Department on the same date that the
18    complaint is filed with the Commission or in circuit court.
19    If the complainant files a complaint with the Commission,
20    he or she may not later commence a civil action in circuit
21    court.
22        (3) If an aggrieved party files a complaint with the
23    Human Rights Commission or commences a civil action in
24    circuit court pursuant to paragraph (2) of this subsection,
25    or if the time period for filing a complaint has expired,
26    the Department shall immediately cease its investigation

 

 

10000SB1516sam001- 15 -LRB100 11152 HEP 24143 a

1    and dismiss the charge of civil rights violation. Any final
2    order entered by the Commission under this Section is
3    appealable in accordance with paragraph (B)(1) of Section
4    8-111. Failure to immediately cease an investigation and
5    dismiss the charge of civil rights violation as provided in
6    this paragraph (3) constitutes grounds for entry of an
7    order by the circuit court permanently enjoining the
8    investigation. The Department may also be liable for any
9    costs and other damages incurred by the respondent as a
10    result of the action of the Department.
11        (4) The Department shall stay any administrative
12    proceedings under this Section after the filing of a civil
13    action by or on behalf of the aggrieved party under any
14    federal or State law seeking relief with respect to the
15    alleged civil rights violation.
16    (H) This amendatory Act of 1995 applies to causes of action
17filed on or after January 1, 1996.
18    (I) This amendatory Act of 1996 applies to causes of action
19filed on or after January 1, 1996.
20    (J) The changes made to this Section by Public Act 95-243
21apply to charges filed on or after the effective date of those
22changes.
23    (K) The changes made to this Section by this amendatory Act
24of the 96th General Assembly apply to charges filed on or after
25the effective date of those changes.
26(Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12; 97-596,

 

 

10000SB1516sam001- 16 -LRB100 11152 HEP 24143 a

1eff. 8-26-11; 97-813, eff. 7-13-12.)
 
2    (775 ILCS 5/7B-102)  (from Ch. 68, par. 7B-102)
3    Sec. 7B-102. Procedures.
4    (A) Charge.
5        (1) Within one year after the date that a civil rights
6    violation allegedly has been committed or terminated, a
7    charge in writing under oath or affirmation may be filed
8    with the Department by an aggrieved party or issued by the
9    Department itself under the signature of the Director.
10        (2) The charge shall be in such detail as to
11    substantially apprise any party properly concerned as to
12    the time, place, and facts surrounding the alleged civil
13    rights violation.
14    (B) Notice and Response to Charge.
15        (1) The Department shall serve notice upon the
16    aggrieved party acknowledging such charge and advising the
17    aggrieved party of the time limits and choice of forums
18    provided under this Act. The Department shall, within 10
19    days of the date on which the charge was filed or the
20    identification of an additional respondent under paragraph
21    (2) of this subsection, serve on the respondent a copy of
22    the charge along with a notice identifying the alleged
23    civil rights violation and advising the respondent of the
24    procedural rights and obligations of respondents under
25    this Act and may shall require the respondent to file a

 

 

10000SB1516sam001- 17 -LRB100 11152 HEP 24143 a

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

 

 

10000SB1516sam001- 18 -LRB100 11152 HEP 24143 a

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

 

 

10000SB1516sam001- 19 -LRB100 11152 HEP 24143 a

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

 

 

10000SB1516sam001- 20 -LRB100 11152 HEP 24143 a

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

 

 

10000SB1516sam001- 21 -LRB100 11152 HEP 24143 a

1        Commission. The aggrieved party shall have 90 days from
2        receipt of notice to file a request for review by the
3        Commission. The Director shall make public disclosure
4        of each such dismissal.
5            (b) If the Director determines that there is
6        substantial evidence, he or she shall immediately
7        issue a complaint on behalf of the aggrieved party
8        pursuant to subsection (F).
9    (E) Conciliation.
10        (1) During the period beginning with the filing of
11    charge and ending with the filing of a complaint or a
12    dismissal by the Department, the Department shall, to the
13    extent feasible, engage in conciliation with respect to
14    such charge.
15        When the Department determines that a formal
16    conciliation conference is feasible, the aggrieved party
17    and respondent shall be notified of the time and place of
18    the conference by registered or certified mail at least 7
19    days prior thereto and either or both parties shall appear
20    at the conference in person or by attorney.
21        (2) The place fixed for the conference shall be within
22    35 miles of the place where the civil rights violation is
23    alleged to have been committed.
24        (3) Nothing occurring at the conference shall be made
25    public or used as evidence in a subsequent proceeding for
26    the purpose of proving a violation under this Act unless

 

 

10000SB1516sam001- 22 -LRB100 11152 HEP 24143 a

1    the complainant and respondent agree in writing that such
2    disclosure be made.
3        (4) A conciliation agreement arising out of such
4    conciliation shall be an agreement between the respondent
5    and the complainant, and shall be subject to approval by
6    the Department and Commission.
7        (5) A conciliation agreement may provide for binding
8    arbitration of the dispute arising from the charge. Any
9    such arbitration that results from a conciliation
10    agreement may award appropriate relief, including monetary
11    relief.
12        (6) Each conciliation agreement shall be made public
13    unless the complainant and respondent otherwise agree and
14    the Department determines that disclosure is not required
15    to further the purpose of this Act.
16    (F) Complaint.
17        (1) When there is a failure to settle or adjust any
18    charge through a conciliation conference and the charge is
19    not dismissed, the Department shall prepare a written
20    complaint, under oath or affirmation, stating the nature of
21    the civil rights violation and the relief sought on behalf
22    of the aggrieved party. Such complaint shall be based on
23    the final investigation report and need not be limited to
24    the facts or grounds alleged in the charge filed under
25    subsection (A).
26        (2) The complaint shall be filed with the Commission.

 

 

10000SB1516sam001- 23 -LRB100 11152 HEP 24143 a

1        (3) The Department may not issue a complaint under this
2    Section regarding an alleged civil rights violation after
3    the beginning of the trial of a civil action commenced by
4    the aggrieved party under any State or federal law, seeking
5    relief with respect to that alleged civil rights violation.
6    (G) Time Limit.
7        (1) When a charge of a civil rights violation has been
8    properly filed, the Department, within 100 days thereof,
9    unless it is impracticable to do so, shall either issue and
10    file a complaint in the manner and form set forth in this
11    Section or shall order that no complaint be issued. Any
12    such order shall be duly served upon both the aggrieved
13    party and the respondent. The Department's failure to
14    either issue and file a complaint or order that no
15    complaint be issued within 100 days after the proper filing
16    of the charge does not deprive the Department of
17    jurisdiction over the charge.
18        (2) The Director shall make available to the aggrieved
19    party and the respondent, at any time, upon request
20    following completion of the Department's investigation,
21    information derived from an investigation and any final
22    investigative report relating to that investigation.
23    (H) This amendatory Act of 1995 applies to causes of action
24filed on or after January 1, 1996.
25    (I) The changes made to this Section by Public Act 95-243
26apply to charges filed on or after the effective date of those

 

 

10000SB1516sam001- 24 -LRB100 11152 HEP 24143 a

1changes.
2    (J) The changes made to this Section by this amendatory Act
3of the 96th General Assembly apply to charges filed on or after
4the effective date of those changes.
5(Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".