Bill Amendment: IL HB3092 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: HUMAN RIGHTS-CHARGE PROCEDURES

Status: 2017-09-08 - Public Act . . . . . . . . . 100-0492 [HB3092 Detail]

Download: Illinois-2017-HB3092-Senate_Amendment_001.html

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Sen. Napoleon Harris, III

Filed: 5/5/2017

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AMENDMENT TO HOUSE BILL 3092
AMENDMENT NO. ______. Amend House Bill 3092 by replacing
everything after the enacting clause with the following:
"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

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rights violation.
(3) Charges deemed filed with the Department pursuant
to subsection (A-1) of this Section shall be deemed to be
in compliance with this subsection.
(A-1) Equal Employment Opportunity Commission Charges.
(1) If a charge is filed with the Equal Employment
Opportunity Commission (EEOC) within 180 days after the
date of the alleged civil rights violation, the charge
shall be deemed filed with the Department on the date filed
with the EEOC. If the EEOC is the governmental agency
designated to investigate the charge first, the Department
shall take no action until the EEOC makes a determination
on the charge and after the complainant notifies the
Department of the EEOC's determination. In such cases,
after receiving notice from the EEOC that a charge was
filed, the Department shall notify the parties that (i) a
charge has been received by the EEOC and has been sent to
the Department for dual filing purposes; (ii) the EEOC is
the governmental agency responsible for investigating the
charge and that the investigation shall be conducted
pursuant to the rules and procedures adopted by the EEOC;
(iii) it will take no action on the charge until the EEOC
issues its determination; (iv) the complainant must submit
a copy of the EEOC's determination within 30 days after
service of the determination by the EEOC on complainant;
and (v) that the time period to investigate the charge

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contained in subsection (G) of this Section is tolled from
the date on which the charge is filed with the EEOC until
the EEOC issues its determination.
(2) If the EEOC finds reasonable cause to believe that
there has been a violation of federal law and if the
Department is timely notified of the EEOC's findings by
complainant, the Department shall notify complainant that
the Department has adopted the EEOC's determination of
reasonable cause and that complainant has the right, within
90 days after receipt of the Department's notice, to either
file his or her own complaint with the Illinois Human
Rights Commission or commence a civil action in the
appropriate circuit court or other appropriate court of
competent jurisdiction. The Department's notice to
complainant that the Department has adopted the EEOC's
determination of reasonable cause shall constitute the
Department's Report for purposes of subparagraph (D) of
this Section.
(3) For those charges alleging violations within the
jurisdiction of both the EEOC and the Department and for
which the EEOC either (i) does not issue a determination,
but does issue the complainant a notice of a right to sue,
including when the right to sue is issued at the request of
the complainant, or (ii) determines that it is unable to
establish that illegal discrimination has occurred and
issues the complainant a right to sue notice, and if the

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Department is timely notified of the EEOC's determination
by complainant, the Department shall notify the parties
that the Department will adopt the EEOC's determination as
a dismissal for lack of substantial evidence unless the
complainant requests in writing within 35 days after
receipt of the Department's notice that the Department
review the EEOC's determination.
(a) If the complainant does not file a written
request with the Department to review the EEOC's
determination within 35 days after receipt of the
Department's notice, the Department shall notify
complainant that the decision of the EEOC has been
adopted by the Department as a dismissal for lack of
substantial evidence and that the complainant has the
right, within 90 days after receipt of the Department's
notice, to commence a civil action in the appropriate
circuit court or other appropriate court of competent
jurisdiction. The Department's notice to complainant
that the Department has adopted the EEOC's
determination shall constitute the Department's report
for purposes of subparagraph (D) of this Section.
(b) If the complainant does file a written request
with the Department to review the EEOC's
determination, the Department shall review the EEOC's
determination and any evidence obtained by the EEOC
during its investigation. If, after reviewing the

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EEOC's determination and any evidence obtained by the
EEOC, the Department determines there is no need for
further investigation of the charge, the Department
shall issue a report and the Director shall determine
whether there is substantial evidence that the alleged
civil rights violation has been committed pursuant to
subsection (D) of Section 7A-102. If, after reviewing
the EEOC's determination and any evidence obtained by
the EEOC, the Department determines there is a need for
further investigation of the charge, the Department
may conduct any further investigation it deems
necessary. After reviewing the EEOC's determination,
the evidence obtained by the EEOC, and any additional
investigation conducted by the Department, the
Department shall issue a report and the Director shall
determine whether there is substantial evidence that
the alleged civil rights violation has been committed
pursuant to subsection (D) of Section 7A-102 of this
Act.
(4) Pursuant to this Section, if the EEOC dismisses the
charge or a portion of the charge of discrimination
because, under federal law, the EEOC lacks jurisdiction
over the charge, and if, under this Act, the Department has
jurisdiction over the charge of discrimination, the
Department shall investigate the charge or portion of the
charge dismissed by the EEOC for lack of jurisdiction

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pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
(E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of
this Act.
(5) The time limit set out in subsection (G) of this
Section is tolled from the date on which the charge is
filed with the EEOC to the date on which the EEOC issues
its determination.
(B) Notice and Response to 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 may shall require the respondent
to file a verified response to the allegations contained in the
charge. Upon the Department's request, the respondent shall
file a response to the charge within 60 days and of receipt of
the notice of the charge. The respondent shall serve a copy of
its response on the complainant or his or her representative.
Notwithstanding any request from the Department, the
respondent may elect to file a response to the charge within 60

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days of receipt of notice of the charge. If the respondent
elects to file a response to the charge, the respondent shall
serve a copy of its response on the complainant or his or her
representative. All allegations contained in the charge not
timely denied by the respondent may 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 the Department's request 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 or
her representative. A party shall have the right to supplement
his or her 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 complainant's right to either
file a complaint with the Human Rights Commission or commence a
civil action in the appropriate circuit court under
subparagraph (2) of paragraph (G), including in such notice the

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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 or with the
appropriate circuit court 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) The After the respondent has been notified, the
Department shall conduct an a full investigation
sufficient to determine whether of the allegations set
forth in the charge are supported by substantial evidence.
(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

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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, unless prior to 365 days after 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, the charge has
been dismissed for lack of jurisdiction, or the parties
voluntarily and in writing agree to waive the fact finding
conference. 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. The notice of default issued by
the Director shall notify the respondent that a request for
review may be filed in writing with the Commission within
30 days of receipt of notice of default. The notice of
dismissal issued by the Director shall give the complainant

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notice of his or her right to seek review of the dismissal
before the Human Rights Commission or commence a civil
action in the appropriate circuit court. If the complainant
chooses to have the Human Rights Commission review the
dismissal order, he or she shall file a request for review
with the Commission within 90 days after receipt of the
Director's notice. If the complainant chooses to file a
request for review with the Commission, he or she may not
later commence a civil action in a circuit court. If the
complainant chooses to commence a civil action in a circuit
court, he or she must do so within 90 days after receipt of
the Director's notice.
(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

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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.
(3) If the Director determines that there is no
substantial evidence, the charge shall be dismissed by
order of the Director and the Director shall give the
complainant notice of his or her right to seek review of
the dismissal order before the Commission or commence a
civil action in the appropriate circuit court. If the
complainant chooses to have the Human Rights Commission
review the dismissal order, he or she shall file a request
for review with the Commission within 90 days after receipt
of the Director's notice. If the complainant chooses to
file a request for review with the Commission, he or she
may not later commence a civil action in a circuit court.
If the complainant chooses to commence a civil action in a
circuit court, he or she must do so within 90 days after
receipt of the Director's notice.
(4) If the Director determines that there is
substantial evidence, he or she shall notify the
complainant and respondent of that determination. The
Director shall also notify the parties that the complainant
has the right to either commence a civil action in the
appropriate circuit court or request that the Department of

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Human Rights file a complaint with the Human Rights
Commission on his or her behalf. Any such complaint shall
be filed within 90 days after receipt of the Director's
notice. If the complainant chooses to have the Department
file a complaint with the Human Rights Commission on his or
her behalf, the complainant must, within 30 days after
receipt of the Director's notice, request in writing that
the Department file the complaint. If the complainant
timely requests that the Department file the complaint, the
Department shall file the complaint on his or her behalf.
If the complainant fails to timely request that the
Department file the complaint, the complainant may file his
or her complaint with the Commission or commence a civil
action in the appropriate circuit court. If the complainant
files a complaint with the Human Rights Commission, the
complainant shall give notice to the Department of the
filing of the complaint with the Human Rights Commission.
(E) Conciliation.
(1) When there is a finding of substantial evidence,
the Department may 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.
(2) When the Department determines that a formal
conciliation conference is necessary, the complainant and

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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.
(3) 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.
(4) Nothing occurring at the conference shall be
disclosed by the Department unless the complainant and
respondent agree in writing that such disclosure be made.
(5) The Department's efforts to conciliate the matter
shall not stay or extend the time for filing the complaint
with the Commission or the circuit court.
(F) Complaint.
(1) When the complainant requests that the Department
file a complaint with the Commission on his or her behalf,
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. The Department shall file the complaint
with the Commission.
(2) If the complainant chooses to commence a civil
action in a circuit court, he or she must do so in the
circuit court in the county wherein the civil rights
violation was allegedly committed. The form of the

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complaint in any such civil action shall be in accordance
with the Illinois Code of Civil Procedure.
(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 issue its report as required by
subparagraph (D). Any such report shall be duly served upon
both the complainant and the respondent.
(2) If the Department has not issued its report within
365 days after the charge is filed, or any such longer
period agreed to in writing by all the parties, the
complainant shall have 90 days to either file his or her
own complaint with the Human Rights Commission or commence
a civil action in the appropriate circuit court. If the
complainant files a complaint with the Commission, the form
of the complaint shall be in accordance with the provisions
of paragraph (F)(1). If the complainant commences a civil
action in a circuit court, the form of the complaint shall
be in accordance with the Illinois Code of Civil Procedure.
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 or in circuit court.
If the complainant files a complaint with the Commission,
he or she may not later commence a civil action in circuit

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court.
(3) If an aggrieved party files a complaint with the
Human Rights Commission or commences a civil action in
circuit court 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 Commission under this Section is
appealable in accordance with paragraph (B)(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.
(J) The changes made to this Section by Public Act 95-243

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apply to charges filed on or after the effective date of those
changes.
(K) The changes made to this Section by this amendatory Act
of the 96th General Assembly apply to charges filed on or after
the effective date of those changes.
(Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12; 97-596,
eff. 8-26-11; 97-813, eff. 7-13-12.)
(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

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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 may shall require the respondent to file a
verified response to the allegations contained in the
charge. Upon the Department's request, the respondent
shall file a response to the charge within 30 days and .
The respondent shall serve a copy of its response on the
complainant or his or her representative. Notwithstanding
any request from the Department, the respondent may elect
to file a response to the charge within 30 days of receipt
of notice of the charge. If the respondent elects to file a
response to the charge, the respondent shall serve a copy
of its response on the complainant or his or her
representative. All allegations contained in the charge
not timely denied by the respondent may 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
Department's request 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

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be defined by rule promulgated by the Department. Within 10
days of the date he or she receives the respondent's
response, the complainant may file his or her reply to said
response. If he or she chooses to file a reply, the
complainant shall serve a copy of said reply on the
respondent or his or her representative. A party may shall
have the right to supplement his or her 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.

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(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 or the parties voluntarily and
in writing agree to waive the fact finding conference. A
party's failure to attend the conference without good cause
may result in dismissal or default. A notice of dismissal

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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 Commission 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

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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 90 days from
receipt of notice to file a request for review by the
Commission. 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.

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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

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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

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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.
(I) The changes made to this Section by Public Act 95-243
apply to charges filed on or after the effective date of those
changes.
(J) The changes made to this Section by this amendatory Act
of the 96th General Assembly apply to charges filed on or after
the effective date of those changes.
(Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.".