Full Text of SB3747 97th General Assembly
SB3747 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3747 Introduced 2/10/2012, by Sen. Ron Sandack SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/7-109.1 | from Ch. 68, par. 7-109.1 | 775 ILCS 5/7B-102 | from Ch. 68, par. 7B-102 |
|
Amends the Illinois Human Rights Act. Provides that the Department of Human Rights shall (instead of may) administratively close a charge pending before the Department if the issues which are the basis of the charge are being litigated in a State or federal court proceeding. Amends provisions concerning charges filed under the Real Estate Transactions Article. Adds language providing that: the Department shall issue its report within 365 days after the filing of a charge or any agreed extension; if the Department does not do so, the aggrieved party has 90 days to file a complaint with the Human Rights Commission or commence a civil action; if the aggrieved party files a complaint or commences a civil action or the time for doing so has expired, the Department shall cease its investigation and dismiss the charge. Provides that the failure of the Department to do so constitutes grounds for a circuit court order permanently enjoining the investigation, and the Department may be liable for costs, attorney's fees, and damages incurred by the respondent as a result of the action of the Department; the Department shall stay administrative proceedings after the filing of a civil action; and, if a civil action is filed, the Department shall act no further on the charge and shall close the file. Deletes language providing that: the Department shall, within 100 days after the filing of a charge, unless it is impracticable to do so, issue and file a complaint or issue an order that no complaint be issued; the Department's failure to issue and file a complaint or issue an order that no complaint be issued within 100 days after the filing of a charge does not deprive the Department of jurisdiction; and the Director of Human Rights shall make available to the aggrieved party and the respondent, upon request following completion of the Department's investigation, information derived from an investigation and any final investigative report.
|
| |
| | A BILL FOR |
|
| | | SB3747 | | LRB097 15771 AJO 61527 b |
|
| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 7-109.1 and 7B-102 as follows:
| 6 | | (775 ILCS 5/7-109.1) (from Ch. 68, par. 7-109.1)
| 7 | | Sec. 7-109.1. Federal or State Court Proceedings. The | 8 | | Department shall may
administratively close a charge pending | 9 | | before the Department if the issues
which are the basis of the | 10 | | charge are being litigated in a State or federal
court | 11 | | proceeding.
| 12 | | (Source: P.A. 86-1343.)
| 13 | | (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
| 14 | | Sec. 7B-102. Procedures.
| 15 | | (A) Charge.
| 16 | | (1) Within one year after the
date that a civil rights | 17 | | violation allegedly has been committed or terminated,
a | 18 | | charge in writing under oath or affirmation may be filed | 19 | | with the
Department by an aggrieved party or issued by the | 20 | | Department itself
under the signature of the Director.
| 21 | | (2) The charge shall be in such detail as to | 22 | | substantially apprise
any party properly concerned as to |
| | | SB3747 | - 2 - | LRB097 15771 AJO 61527 b |
|
| 1 | | the time, place, and facts
surrounding the alleged civil | 2 | | rights violation.
| 3 | | (B) Notice and Response to Charge.
| 4 | | (1) The Department shall serve
notice upon the | 5 | | aggrieved party acknowledging such charge and advising the
| 6 | | aggrieved party of the time limits and choice of forums | 7 | | provided under this
Act. The Department shall, within 10 | 8 | | days of the date on which the charge
was filed or the | 9 | | identification of an additional respondent under paragraph
| 10 | | (2) of this subsection, serve on the respondent a copy of | 11 | | the charge along with a notice
identifying the alleged | 12 | | civil rights violation and advising the
respondent of the | 13 | | procedural rights and obligations of respondents under
| 14 | | this Act and shall require the respondent to file a | 15 | | verified response to
the allegations contained in the | 16 | | charge within 30 days. The respondent
shall serve a copy of | 17 | | its response on the complainant or his
representative. All | 18 | | allegations contained in the charge
not timely denied by | 19 | | the respondent shall be deemed admitted, unless the
| 20 | | respondent states that it is without sufficient | 21 | | information to
form a belief with respect to such | 22 | | allegation. The Department may issue
a notice of default | 23 | | directed to any respondent who fails to file a verified
| 24 | | response to a charge within 30 days of the date on which | 25 | | the charge was
filed, unless the respondent can demonstrate | 26 | | good cause as
to why such notice should not issue. The term |
| | | SB3747 | - 3 - | LRB097 15771 AJO 61527 b |
|
| 1 | | "good cause" shall be defined by rule promulgated by the | 2 | | Department. Within 10 days of the date he
receives the | 3 | | respondent's response, the complainant may file his reply | 4 | | to
said response. If he chooses to file a reply, the | 5 | | complainant shall serve
a copy of said reply on the | 6 | | respondent or his representative. A party
shall have the | 7 | | right to supplement his response or reply at any time that
| 8 | | the investigation of the charge is pending.
| 9 | | (2) A person who is not named as a respondent in a | 10 | | charge, but who is
identified as a respondent in the course | 11 | | of investigation, may be joined as
an additional or | 12 | | substitute respondent upon written notice, under | 13 | | subsection
(B), to such person, from the Department.
Such | 14 | | notice, in addition to meeting the requirements of | 15 | | subsections (A)
and (B), shall explain the basis for the | 16 | | Department's belief that a person
to whom the notice is | 17 | | addressed is properly joined as a respondent.
| 18 | | (C) Investigation.
| 19 | | (1) The Department shall conduct a full investigation
| 20 | | of the allegations set forth in the charge and complete | 21 | | such investigation
within 100 days after the filing of the | 22 | | charge, unless it is impracticable to
do so. The | 23 | | Department's failure to complete the investigation within | 24 | | 100 days after the proper filing of the charge does not | 25 | | deprive the Department of jurisdiction over the charge.
| 26 | | (2) If the Department is unable to complete the |
| | | SB3747 | - 4 - | LRB097 15771 AJO 61527 b |
|
| 1 | | investigation within 100
days after the charge is filed, | 2 | | the Department shall notify the complainant
and respondent | 3 | | in writing of the reasons for not doing so.
| 4 | | (3) The Director or his or her designated | 5 | | representative shall have
authority to request any member | 6 | | of the Commission to issue subpoenas to
compel the | 7 | | attendance of a witness or the production for
examination | 8 | | of any books, records or documents whatsoever.
| 9 | | (4) If any witness whose testimony is required for any | 10 | | investigation
resides outside the State, or through | 11 | | illness or any other good cause as
determined by the | 12 | | Director is unable to be interviewed by the investigator
or | 13 | | appear at a fact finding conference, his or her testimony | 14 | | or deposition
may be taken, within or without the State, in | 15 | | the same manner as
provided for in the taking of | 16 | | depositions in civil cases in circuit courts.
| 17 | | (5) Upon reasonable notice to the complainant and the | 18 | | respondent,
the Department shall conduct a fact finding | 19 | | conference, unless prior to
100 days from the date on which | 20 | | the charge was filed, the Director has
determined whether | 21 | | there is substantial evidence that the alleged civil
rights | 22 | | violation has been committed or the parties voluntarily and | 23 | | in writing agree to waive the fact finding conference. A | 24 | | party's failure to attend the
conference
without good cause | 25 | | may result in dismissal or default. A notice of dismissal
| 26 | | or default shall be issued by the Director and shall notify |
| | | SB3747 | - 5 - | LRB097 15771 AJO 61527 b |
|
| 1 | | the relevant
party that a request for review may be filed | 2 | | in writing with the Commission
within 30 days of receipt of | 3 | | notice of dismissal or default.
| 4 | | (D) Report.
| 5 | | (1) Each investigated charge shall be the subject of a
| 6 | | report to the Director. The report shall be a confidential | 7 | | document
subject to review by the Director, authorized | 8 | | Department employees, the
parties, and, where indicated by | 9 | | this Act, members of the Commission or
their designated | 10 | | hearing officers.
| 11 | | The report shall contain:
| 12 | | (a) the names and dates of contacts with witnesses;
| 13 | | (b) a summary and the date of correspondence and | 14 | | other contacts with the
aggrieved party and the | 15 | | respondent;
| 16 | | (c) a summary description of other pertinent | 17 | | records;
| 18 | | (d) a summary of witness statements; and
| 19 | | (e) answers to questionnaires.
| 20 | | A final report under this paragraph may be amended if | 21 | | additional evidence
is later discovered.
| 22 | | (2) Upon review of the report and within 100 days of | 23 | | the filing of the
charge, unless it is impracticable
to do | 24 | | so, the Director shall determine whether there is | 25 | | substantial
evidence that the alleged civil rights | 26 | | violation has been committed or is
about to be committed.
|
| | | SB3747 | - 6 - | LRB097 15771 AJO 61527 b |
|
| 1 | | If the Director is unable to make the determination within | 2 | | 100 days after
the filing of the charge, the Director shall | 3 | | notify the complainant and
respondent in writing of the | 4 | | reasons for not doing so. The Director's failure to make | 5 | | the determination within 100 days after the proper filing | 6 | | of the charge does not deprive the Department of | 7 | | jurisdiction over the charge.
| 8 | | (a) If the Director determines that there is no | 9 | | substantial
evidence, the charge shall be dismissed | 10 | | and the aggrieved party notified
that he or she may | 11 | | seek review of the dismissal order before the
| 12 | | Commission. The aggrieved party shall have 90 days from | 13 | | receipt of notice
to file a request for review by the | 14 | | Commission. The
Director shall make
public disclosure | 15 | | of each such dismissal.
| 16 | | (b) If the Director determines that there is | 17 | | substantial evidence, he or
she shall immediately | 18 | | issue a complaint on behalf of the aggrieved party
| 19 | | pursuant to subsection (F).
| 20 | | (E) Conciliation.
| 21 | | (1) During the period beginning with the filing of
| 22 | | charge and ending with the filing of a complaint or a | 23 | | dismissal by the
Department, the Department shall, to the | 24 | | extent feasible, engage in
conciliation with respect to | 25 | | such charge.
| 26 | | When the Department determines that a formal
|
| | | SB3747 | - 7 - | LRB097 15771 AJO 61527 b |
|
| 1 | | conciliation conference is feasible, the aggrieved party | 2 | | and respondent
shall be notified of the time and place of | 3 | | the conference by registered
or certified mail at least 7 | 4 | | days prior thereto and either or both
parties shall appear | 5 | | at the conference in person or by attorney.
| 6 | | (2) The place fixed for the conference shall be within | 7 | | 35 miles of
the place where the civil rights violation is | 8 | | alleged to have been
committed.
| 9 | | (3) Nothing occurring at the conference shall be made | 10 | | public or used as
evidence in a subsequent proceeding for | 11 | | the purpose of proving a violation
under this Act unless | 12 | | the complainant and respondent agree in writing that
such | 13 | | disclosure be made.
| 14 | | (4) A conciliation agreement arising out of such | 15 | | conciliation shall be
an agreement between the respondent | 16 | | and the complainant, and shall be
subject to approval by | 17 | | the Department and Commission.
| 18 | | (5) A conciliation agreement may provide for binding | 19 | | arbitration of the
dispute arising from the charge. Any | 20 | | such arbitration that results from a
conciliation | 21 | | agreement may award appropriate relief, including monetary | 22 | | relief.
| 23 | | (6) Each conciliation agreement shall be made public | 24 | | unless the
complainant and respondent otherwise agree and | 25 | | the Department determines
that disclosure is not required | 26 | | to further the purpose of this Act.
|
| | | SB3747 | - 8 - | LRB097 15771 AJO 61527 b |
|
| 1 | | (F) Complaint.
| 2 | | (1) When there is a failure to settle or adjust any
| 3 | | charge through a conciliation conference and the charge is | 4 | | not dismissed,
the Department shall prepare a
written | 5 | | complaint, under oath or affirmation, stating the nature of | 6 | | the
civil rights violation and the relief sought on behalf | 7 | | of the aggrieved
party. Such complaint shall be based on | 8 | | the final investigation report and
need not be limited to | 9 | | the facts or grounds alleged in the charge filed
under | 10 | | subsection (A).
| 11 | | (2) The complaint shall be filed with the Commission.
| 12 | | (3) The Department may not issue a complaint under this | 13 | | Section
regarding an alleged civil rights violation after | 14 | | the beginning of
the trial of a civil action commenced by | 15 | | the aggrieved party under any
State or federal law, seeking | 16 | | relief with respect to that alleged civil rights
violation.
| 17 | | (G) Time Limit.
| 18 | | (1) When a charge of a civil rights violation has been | 19 | | properly filed, the Department, within 365 days thereof or | 20 | | within any extension of that period agreed to in writing by | 21 | | all parties, shall issue its report as required by | 22 | | subsection (D). Any such report shall be duly served upon | 23 | | both the complainant and the respondent. When a charge of a | 24 | | civil rights violation has been
properly filed, the | 25 | | Department, within 100 days thereof, unless it is
| 26 | | impracticable to do so,
shall either issue and file a |
| | | SB3747 | - 9 - | LRB097 15771 AJO 61527 b |
|
| 1 | | complaint in the manner and form set forth in
this Section | 2 | | or shall order that no complaint be issued. Any such order
| 3 | | shall be duly served upon both the aggrieved party and the | 4 | | respondent. The Department's failure to either issue and | 5 | | file a complaint or order that no complaint be issued | 6 | | within 100 days after the proper filing of the charge does | 7 | | not deprive the Department of jurisdiction over the charge.
| 8 | | (2) If the Department has not issued its report within | 9 | | 365 days after the charge is filed, or any longer period | 10 | | that is agreed to in writing by all the parties, the | 11 | | aggrieved party shall have 90 days to either file his or | 12 | | her own complaint with the Human Rights Commission or | 13 | | commence a civil action in the appropriate circuit court. | 14 | | If the aggrieved party files a complaint with the | 15 | | Commission, the form of the complaint shall be in | 16 | | accordance with the provisions of subsection (F). If the | 17 | | aggrieved party commences a civil action in a circuit | 18 | | court, the form of the complaint shall be in accordance | 19 | | with the Code of Civil Procedure. The aggrieved party shall | 20 | | notify the Department that a complaint has been filed and | 21 | | shall serve a copy of the complaint on the Department | 22 | | within 5 days after the complaint is filed with the | 23 | | Commission or in circuit court. If the aggrieved party | 24 | | files a complaint with the Commission, he or she may not | 25 | | later commence a civil action in circuit court. | 26 | | (3) If an aggrieved party files a complaint with the |
| | | SB3747 | - 10 - | LRB097 15771 AJO 61527 b |
|
| 1 | | Human Rights Commission or commences a civil action in | 2 | | circuit court pursuant to paragraph (2) of this subsection | 3 | | (G), or if the time period for filing a complaint has | 4 | | expired, the Department shall immediately cease its | 5 | | investigation and dismiss the charge of civil rights | 6 | | violation. Any final order entered by the Commission under | 7 | | this Section is appealable in accordance with paragraph (1) | 8 | | of subsection (B) of Section 8-111. Failure to immediately | 9 | | cease an investigation and dismiss the charge of civil | 10 | | rights violation as provided in this paragraph (3) | 11 | | constitutes grounds for entry of an order by the circuit | 12 | | court permanently enjoining the investigation. The | 13 | | Department may also be liable for any costs, attorney's | 14 | | fees, and other damages incurred by the respondent as a | 15 | | result of the Department's failure to immediately cease its | 16 | | investigation and dismiss the charge. | 17 | | (4) The Department shall stay any administrative | 18 | | proceedings under this Section after the filing of a civil | 19 | | action by or on behalf of the aggrieved party under any | 20 | | federal or State law seeking relief with respect to the | 21 | | alleged civil rights violation. If such a civil action is | 22 | | filed the Department shall act no further on the charge and | 23 | | administratively close the file on the charge. The Director | 24 | | shall make available to the aggrieved party
and the | 25 | | respondent, at any time, upon request following completion | 26 | | of the
Department's investigation, information derived |
| | | SB3747 | - 11 - | LRB097 15771 AJO 61527 b |
|
| 1 | | from an investigation and
any final investigative report | 2 | | relating to that investigation.
| 3 | | (H) This amendatory Act of 1995 applies to causes of action | 4 | | filed on or
after
January 1, 1996.
| 5 | | (I) The changes made to this Section by Public Act 95-243 | 6 | | apply to charges filed on or
after the effective date of those | 7 | | changes. | 8 | | (J) The changes made to this Section by this amendatory Act | 9 | | of the 96th General Assembly apply to charges filed on or
after | 10 | | the effective date of those changes. | 11 | | (K) The changes made to this Section by this amendatory Act | 12 | | of the 97th General Assembly apply to charges filed on or
after | 13 | | the effective date of those changes. | 14 | | (Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12.)
|
|