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| Public Act 099-0548 | ||||
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AN ACT concerning human rights.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Human Rights Act is amended by | ||||
changing Section 8B-104 as follows:
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(775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104)
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Sec. 8B-104. Relief; Penalties. Upon finding a civil rights
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violation, a hearing officer may recommend and the Commission | ||||
or any
three-member panel thereof may provide for any relief or | ||||
penalty
identified in this Section, separately or in | ||||
combination, by entering an
order directing the respondent to:
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(A) Cease and Desist Order. Cease and desist from any | ||||
violation of
this Act.
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(B) Actual Damages. Pay actual damages, as reasonably | ||||
determined by
the Commission, for injury or loss suffered by | ||||
the complainant.
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(C) Civil Penalty. Pay a civil penalty to vindicate the | ||||
public interest:
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(i) in an amount not exceeding $16,000 $10,000 if the | ||||
respondent has not been
adjudged to have committed any prior | ||||
civil rights violation under Article 3;
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(ii) in an amount not exceeding $42,500 $25,000 if the | ||||
respondent has been
adjudged to have committed one other civil | ||||
rights violation under Article 3 during
the 5-year period | ||
ending on the date of the filing of this charge; and
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(iii) in an amount not exceeding $70,000 $50,000 if the | ||
respondent has been
adjudged to have committed 2 or more civil | ||
rights violations under Article 3
during the 7-year period | ||
ending on the date of the filing of this charge;
except that if | ||
the acts constituting the civil rights violation
that is the | ||
object of the charge are committed by the same natural person
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who has been previously adjudged to have committed acts | ||
constituting a
civil rights violation under Article 3, then the | ||
civil penalties set forth in
subparagraphs (ii) and (iii) may | ||
be imposed without regard to the period
of time within which | ||
any subsequent civil rights violation under Article 3 occurred.
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(D) Attorney Fees; Costs. Pay to the complainant all or a | ||
portion
of the costs of maintaining the action, including | ||
reasonable attorneys
fees and expert witness fees incurred in | ||
maintaining this action before the
Department, the Commission | ||
and in any judicial review and judicial
enforcement | ||
proceedings.
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(E) Compliance Report. Report as to the manner of | ||
compliance.
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(F) Posting of Notices. Post notices in a conspicuous place | ||
which
the Commission may publish or cause to be published | ||
setting forth
requirements for compliance with this Act or | ||
other relevant information
which the Commission determines | ||
necessary to explain this Act.
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(G) Make Complainant Whole. Take such action as may be | ||
necessary to make
the individual complainant whole, including, | ||
but not limited to, awards of
interest on the complainant's | ||
actual damages from the date of the
civil rights violation.
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(Source: P.A. 86-910.)
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