Illinois General Assembly - Full Text of Public Act 094-0857
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Public Act 094-0857


 

Public Act 0857 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0857
 
HB4829 Enrolled LRB094 16490 WGH 51750 b

    AN ACT concerning human rights.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Human Rights Act is amended by
changing Sections 7A-102 and 7B-102 as follows:
 
    (775 ILCS 5/7A-102)  (from Ch. 68, par. 7A-102)
    Sec. 7A-102. Procedures.
    (A) Charge.
        (1) Within 180 days after the date that a civil rights
    violation allegedly has been committed, a charge in writing
    under oath or affirmation may be filed with the Department
    by an aggrieved party or issued by the Department itself
    under the signature of the Director.
        (2) The charge shall be in such detail as to
    substantially apprise any party properly concerned as to
    the time, place, and facts surrounding the alleged civil
    rights violation.
    (A-1) Equal Employment Opportunity Commission Charges. A
charge filed with the Equal Employment Opportunity Commission
within 180 days after the date of the alleged civil rights
violation shall be deemed filed with the Department on the date
filed with the Equal Employment Opportunity Commission. Upon
receipt of a charge filed with the Equal Employment Opportunity
Commission, the Department shall notify the complainant that he
or she may proceed with the Department. The complainant must
notify the Department of his or her decision in writing within
35 days of receipt of the Department's notice to the
complainant and the Department shall close the case if the
complainant does not do so. If the complainant proceeds with
the Department, the Department shall take no action until the
Equal Employment Opportunity Commission makes a determination
on the charge. Upon receipt of the Equal Employment Opportunity
Commission's determination, the Department shall cause the
charge to be filed under oath or affirmation and to be in such
detail as provided for under subparagraph (2) of paragraph (A).
At the Department's discretion, the Department shall either
adopt the Equal Employment Opportunity Commission's
determination or process the charge pursuant to this Act.
Adoption of the Equal Employment Opportunity Commission's
determination shall be deemed a determination by the Department
for all purposes under this Act.
    (B) Notice, and Response, and Review of Charge. The
Department shall, within 10 days of the date on which the
charge was filed, serve a copy of the charge on the respondent.
This period shall not be construed to be jurisdictional. The
charging party and the respondent may each file a position
statement and other materials with the Department regarding the
charge of alleged discrimination within 60 days of receipt of
the notice of the charge. The position statements and other
materials filed shall remain confidential unless otherwise
agreed to by the party providing the information and shall not
be served on or made available to the other party during
pendency of a charge with the Department. The Department shall
require the respondent to file a verified response to the
allegations contained in the charge within 60 days of receipt
of the notice of the charge. The respondent shall serve a copy
of its response on the complainant or his representative. All
allegations contained in the charge not timely denied by the
respondent shall be deemed admitted, unless the respondent
states that it is without sufficient information to form a
belief with respect to such allegation. The Department may
issue a notice of default directed to any respondent who fails
to file a verified response to a charge within 60 days of
receipt of the notice of the charge, unless the respondent can
demonstrate good cause as to why such notice should not issue.
The term "good cause" shall be defined by rule promulgated by
the Department. Within 30 days of receipt of the respondent's
response, the complainant may file a reply to said response and
shall serve a copy of said reply on the respondent or his
representative. A party shall have the right to supplement his
response or reply at any time that the investigation of the
charge is pending. The Department shall, within 10 days of the
date on which the charge was filed, and again no later than 335
days thereafter, send by certified or registered mail written
notice to the complainant and to the respondent informing the
complainant of the right to file a complaint with the Human
Rights Commission under subparagraph (2) of paragraph (G),
including in such notice the dates within which the complainant
may exercise this right. In the notice the Department shall
notify the complainant that the charge of civil rights
violation will be dismissed with prejudice and with no right to
further proceed if a written complaint is not timely filed with
the Commission by the complainant pursuant to subparagraph (2)
of paragraph (G) or by the Department pursuant to subparagraph
(1) of paragraph (G).
    (B-1) Mediation. The complainant and respondent may agree
to voluntarily submit the charge to mediation without waiving
any rights that are otherwise available to either party
pursuant to this Act and without incurring any obligation to
accept the result of the mediation process. Nothing occurring
in mediation shall be disclosed by the Department or admissible
in evidence in any subsequent proceeding unless the complainant
and the respondent agree in writing that such disclosure be
made.
    (C) Investigation.
        (1) After the respondent has been notified, the
    Department shall conduct a full investigation of the
    allegations set forth in the charge.
        (2) The Director or his or her designated
    representatives shall have authority to request any member
    of the Commission to issue subpoenas to compel the
    attendance of a witness or the production for examination
    of any books, records or documents whatsoever.
        (3) If any witness whose testimony is required for any
    investigation resides outside the State, or through
    illness or any other good cause as determined by the
    Director is unable to be interviewed by the investigator or
    appear at a fact finding conference, his or her testimony
    or deposition may be taken, within or without the State, in
    the same manner as is provided for in the taking of
    depositions in civil cases in circuit courts.
        (4) Upon reasonable notice to the complainant and the
    respondent, the Department shall conduct a fact finding
    conference prior to 365 days after the date on which the
    charge was filed, unless the Director has determined
    whether there is substantial evidence that the alleged
    civil rights violation has been committed or the charge has
    been dismissed for lack of jurisdiction. If the parties
    agree in writing, the fact finding conference may be held
    at a time after the 365 day limit. Any party's failure to
    attend the conference without good cause shall result in
    dismissal or default. The term "good cause" shall be
    defined by rule promulgated by the Department. A notice of
    dismissal or default shall be issued by the Director and
    shall notify the relevant party that a request for review
    may be filed in writing with the Chief Legal Counsel of the
    Department within 30 days of receipt of notice of dismissal
    or default.
    (D) Report.
        (1) Each charge shall be the subject of a report to the
    Director. The report shall be a confidential document
    subject to review by the Director, authorized Department
    employees, the parties, and, where indicated by this Act,
    members of the Commission or their designated hearing
    officers.
        (2) Upon review of the report, the Director shall
    determine whether there is substantial evidence that the
    alleged civil rights violation has been committed. The
    determination of substantial evidence is limited to
    determining the need for further consideration of the
    charge pursuant to this Act and includes, but is not
    limited to, findings of fact and conclusions, as well as
    the reasons for the determinations on all material issues.
    Substantial evidence is evidence which a reasonable mind
    accepts as sufficient to support a particular conclusion
    and which consists of more than a mere scintilla but may be
    somewhat less than a preponderance.
            (a) If the Director determines that there is no
        substantial evidence, the charge shall be dismissed by
        order of the Director and the complainant notified that
        he or she may seek review of the dismissal order before
        the Chief Legal Counsel of the Department. The
        complainant shall have 30 days from receipt of notice
        to file a request for review by the Chief Legal Counsel
        of the Department.
            (b) If the Director determines that there is
        substantial evidence, he or she shall designate a
        Department employee who is an attorney licensed to
        practice in Illinois to endeavor to eliminate the
        effect of the alleged civil rights violation and to
        prevent its repetition by means of conference and
        conciliation.
    (E) Conciliation.
        (1) When the Department determines that a formal
    conciliation conference is necessary, the complainant and
    respondent shall be notified of the time and place of the
    conference by registered or certified mail at least 10 days
    prior thereto and either or both parties shall appear at
    the conference in person or by attorney.
        (2) The place fixed for the conference shall be within
    35 miles of the place where the civil rights violation is
    alleged to have been committed.
        (3) Nothing occurring at the conference shall be
    disclosed by the Department unless the complainant and
    respondent agree in writing that such disclosure be made.
    (F) Complaint.
        (1) When there is a failure to settle or adjust any
    charge through conciliation, the Department shall prepare
    a written complaint, under oath or affirmation, stating the
    nature of the civil rights violation substantially as
    alleged in the charge previously filed and the relief
    sought on behalf of the aggrieved party.
        (2) The complaint shall be filed with the Commission.
    (G) Time Limit.
        (1) When a charge of a civil rights violation has been
    properly filed, the Department, within 365 days thereof or
    within any extension of that period agreed to in writing by
    all parties, shall either issue and file a complaint in the
    manner and form set forth in this Section or shall order
    that no complaint be issued and dismiss the charge with
    prejudice without any further right to proceed except in
    cases in which the order was procured by fraud or duress.
    Any such order shall be duly served upon both the
    complainant and the respondent.
        (2) Between 365 and 395 days after the charge is filed,
    or such longer period agreed to in writing by all parties,
    the aggrieved party may file a complaint with the
    Commission, if the Director has not sooner issued a report
    and determination pursuant to paragraphs (D)(1) and (D)(2)
    of this Section. The form of the complaint shall be in
    accordance with the provisions of paragraph (F). The
    aggrieved party shall notify the Department that a
    complaint has been filed and shall serve a copy of the
    complaint on the Department on the same date that the
    complaint is filed with the Commission.
        (3) If an aggrieved party files a complaint with the
    Human Rights Commission pursuant to paragraph (2) of this
    subsection, or if the time period for filing a complaint
    has expired, the Department shall immediately cease its
    investigation and dismiss the charge of civil rights
    violation. Any final order entered by the Chief Legal
    Counsel under this Section is appealable in accordance with
    paragraph (A)(1) of Section 8-111. Failure to immediately
    cease an investigation and dismiss the charge of civil
    rights violation as provided in this paragraph (3)
    constitutes grounds for entry of an order by the circuit
    court permanently enjoining the investigation. The
    Department may also be liable for any costs and other
    damages incurred by the respondent as a result of the
    action of the Department.
        (4) The Department shall stay any administrative
    proceedings under this Section after the filing of a civil
    action by or on behalf of the aggrieved party under any
    federal or State law seeking relief with respect to the
    alleged civil rights violation.
    (H) This amendatory Act of 1995 applies to causes of action
filed on or after January 1, 1996.
    (I) This amendatory Act of 1996 applies to causes of action
filed on or after January 1, 1996.
(Source: P.A. 94-146, eff. 7-8-05; 94-326, eff. 7-26-05;
revised 8-19-05.)
 
    (775 ILCS 5/7B-102)  (from Ch. 68, par. 7B-102)
    Sec. 7B-102. Procedures.
    (A) Charge.
        (1) Within one year after the date that a civil rights
    violation allegedly has been committed or terminated, a
    charge in writing under oath or affirmation may be filed
    with the Department by an aggrieved party or issued by the
    Department itself under the signature of the Director.
        (2) The charge shall be in such detail as to
    substantially apprise any party properly concerned as to
    the time, place, and facts surrounding the alleged civil
    rights violation.
    (B) Notice and Response to Charge.
        (1) The Department shall serve notice upon the
    aggrieved party acknowledging such charge and advising the
    aggrieved party of the time limits and choice of forums
    provided under this Act. The Department shall, within 10
    days of the date on which the charge was filed or the
    identification of an additional respondent under paragraph
    (2) of this subsection, serve on the respondent a copy of
    the charge along with a notice identifying the alleged
    civil rights violation and advising the respondent of the
    procedural rights and obligations of respondents under
    this Act and shall require the respondent to file a
    verified response to the allegations contained in the
    charge within 30 days. The respondent shall serve a copy of
    its response on the complainant or his representative. All
    allegations contained in the charge not timely denied by
    the respondent shall be deemed admitted, unless the
    respondent states that it is without sufficient
    information to form a belief with respect to such
    allegation. The Department may issue a notice of default
    directed to any respondent who fails to file a verified
    response to a charge within 30 days of the date on which
    the charge was filed, unless the respondent can demonstrate
    good cause as to why such notice should not issue. The term
    "good cause" shall be defined by rule promulgated by the
    Department. Within 10 days of the date he receives the
    respondent's response, the complainant may file his reply
    to said response. If he chooses to file a reply, the
    complainant shall serve a copy of said reply on the
    respondent or his representative. A party shall have the
    right to supplement his response or reply at any time that
    the investigation of the charge is pending.
        (2) A person who is not named as a respondent in a
    charge, but who is identified as a respondent in the course
    of investigation, may be joined as an additional or
    substitute respondent upon written notice, under
    subsection (B), to such person, from the Department. Such
    notice, in addition to meeting the requirements of
    subsections (A) and (B), shall explain the basis for the
    Department's belief that a person to whom the notice is
    addressed is properly joined as a respondent.
    (C) Investigation.
        (1) The Department shall conduct a full investigation
    of the allegations set forth in the charge and complete
    such investigation within 100 days after the filing of the
    charge, unless it is impracticable to do so. The
    Department's failure to complete the investigation within
    100 days after the proper filing of the charge does not
    deprive the Department of jurisdiction over the charge.
        (2) If the Department is unable to complete the
    investigation within 100 days after the charge is filed,
    the Department shall notify the complainant and respondent
    in writing of the reasons for not doing so.
        (3) The Director or his or her designated
    representative shall have authority to request any member
    of the Commission to issue subpoenas to compel the
    attendance of a witness or the production for examination
    of any books, records or documents whatsoever.
        (4) If any witness whose testimony is required for any
    investigation resides outside the State, or through
    illness or any other good cause as determined by the
    Director is unable to be interviewed by the investigator or
    appear at a fact finding conference, his or her testimony
    or deposition may be taken, within or without the State, in
    the same manner as provided for in the taking of
    depositions in civil cases in circuit courts.
        (5) Upon reasonable notice to the complainant and the
    respondent, the Department shall conduct a fact finding
    conference, unless prior to 100 days from the date on which
    the charge was filed, the Director has determined whether
    there is substantial evidence that the alleged civil rights
    violation has been committed. A party's failure to attend
    the conference without good cause may result in dismissal
    or default. A notice of dismissal or default shall be
    issued by the Director and shall notify the relevant party
    that a request for review may be filed in writing with the
    Chief Legal Counsel of the Department within 30 days of
    receipt of notice of dismissal or default.
    (D) Report.
        (1) Each investigated charge shall be the subject of a
    report to the Director. The report shall be a confidential
    document subject to review by the Director, authorized
    Department employees, the parties, and, where indicated by
    this Act, members of the Commission or their designated
    hearing officers.
            The report shall contain:
            (a) the names and dates of contacts with witnesses;
            (b) a summary and the date of correspondence and
        other contacts with the aggrieved party and the
        respondent;
            (c) a summary description of other pertinent
        records;
            (d) a summary of witness statements; and
            (e) answers to questionnaires.
        A final report under this paragraph may be amended if
    additional evidence is later discovered.
        (2) Upon review of the report and within 100 days of
    the filing of the charge, unless it is impracticable to do
    so, the Director shall determine whether there is
    substantial evidence that the alleged civil rights
    violation has been committed or is about to be committed.
    If the Director is unable to make the determination within
    100 days after the filing of the charge, the Director shall
    notify the complainant and respondent in writing of the
    reasons for not doing so. The Director's failure to make
    the determination within 100 days after the proper filing
    of the charge does not deprive the Department of
    jurisdiction over the charge.
            (a) If the Director determines that there is no
        substantial evidence, the charge shall be dismissed
        and the aggrieved party notified that he or she may
        seek review of the dismissal order before the
        Commission. The aggrieved party shall have 30 days from
        receipt of notice to file a request for review by the
        Chief Legal Counsel of the Department. The Director
        shall make public disclosure of each such dismissal.
            (b) If the Director determines that there is
        substantial evidence, he or she shall immediately
        issue a complaint on behalf of the aggrieved party
        pursuant to subsection (F).
    (E) Conciliation.
        (1) During the period beginning with the filing of
    charge and ending with the filing of a complaint or a
    dismissal by the Department, the Department shall, to the
    extent feasible, engage in conciliation with respect to
    such charge.
        When the Department determines that a formal
    conciliation conference is feasible, the aggrieved party
    and respondent shall be notified of the time and place of
    the conference by registered or certified mail at least 7
    days prior thereto and either or both parties shall appear
    at the conference in person or by attorney.
        (2) The place fixed for the conference shall be within
    35 miles of the place where the civil rights violation is
    alleged to have been committed.
        (3) Nothing occurring at the conference shall be made
    public or used as evidence in a subsequent proceeding for
    the purpose of proving a violation under this Act unless
    the complainant and respondent agree in writing that such
    disclosure be made.
        (4) A conciliation agreement arising out of such
    conciliation shall be an agreement between the respondent
    and the complainant, and shall be subject to approval by
    the Department and Commission.
        (5) A conciliation agreement may provide for binding
    arbitration of the dispute arising from the charge. Any
    such arbitration that results from a conciliation
    agreement may award appropriate relief, including monetary
    relief.
        (6) Each conciliation agreement shall be made public
    unless the complainant and respondent otherwise agree and
    the Department determines that disclosure is not required
    to further the purpose of this Act.
    (F) Complaint.
        (1) When there is a failure to settle or adjust any
    charge through a conciliation conference and the charge is
    not dismissed, the Department shall prepare a written
    complaint, under oath or affirmation, stating the nature of
    the civil rights violation and the relief sought on behalf
    of the aggrieved party. Such complaint shall be based on
    the final investigation report and need not be limited to
    the facts or grounds alleged in the charge filed under
    subsection (A).
        (2) The complaint shall be filed with the Commission.
        (3) The Department may not issue a complaint under this
    Section regarding an alleged civil rights violation after
    the beginning of the trial of a civil action commenced by
    the aggrieved party under any State or federal law, seeking
    relief with respect to that alleged civil rights violation.
    (G) Time Limit.
        (1) When a charge of a civil rights violation has been
    properly filed, the Department, within 100 days thereof,
    unless it is impracticable to do so, shall either issue and
    file a complaint in the manner and form set forth in this
    Section or shall order that no complaint be issued. Any
    such order shall be duly served upon both the aggrieved
    party and the respondent. The Department's failure to
    either issue and file a complaint or order that no
    complaint be issued within 100 days after the proper filing
    of the charge does not deprive the Department of
    jurisdiction over the charge.
        (2) The Director shall make available to the aggrieved
    party and the respondent, at any time, upon request
    following completion of the Department's investigation,
    information derived from an investigation and any final
    investigative report relating to that investigation.
    (H) This amendatory Act of 1995 applies to causes of action
filed on or after January 1, 1996.
(Source: P.A. 94-326, eff. 7-26-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/15/2006