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Full Text of HB0059
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HB0059 Re-Enrolled |
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LRB096 03116 AJO 13132 b |
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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 | | 5 |
| changing Sections 7A-102, 7B-102, and 8-103 as follows:
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| (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
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| Sec. 7A-102. Procedures.
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| (A) Charge.
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| (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
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| under the signature of the Director.
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| (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 | | 17 |
| rights violation.
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| (A-1) Equal Employment Opportunity Commission Charges. A | | 19 |
| charge filed with the Equal Employment Opportunity Commission | | 20 |
| within 180 days after the date of the alleged civil rights | | 21 |
| violation shall be deemed filed with the Department on the date | | 22 |
| filed with the Equal Employment Opportunity Commission. Upon | | 23 |
| receipt of a charge filed with the Equal Employment Opportunity |
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LRB096 03116 AJO 13132 b |
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| Commission, the Department shall notify the complainant that he | | 2 |
| or she may proceed with the Department. The complainant must | | 3 |
| notify the Department of his or her decision in writing within | | 4 |
| 35 days of receipt of the Department's notice to the | | 5 |
| complainant and the Department shall close the case if the | | 6 |
| complainant does not do so. If the complainant proceeds with | | 7 |
| the Department, the Department shall take no action until the | | 8 |
| Equal Employment Opportunity Commission makes a determination | | 9 |
| on the charge. Upon receipt of the Equal Employment Opportunity | | 10 |
| Commission's determination, the Department shall cause the | | 11 |
| charge to be filed under oath or affirmation and to be in such | | 12 |
| detail as provided for under subparagraph (2) of paragraph (A). | | 13 |
| At the Department's discretion, the Department shall either | | 14 |
| adopt the Equal Employment Opportunity Commission's | | 15 |
| determination or process the charge pursuant to this Act. | | 16 |
| Adoption of the Equal Employment Opportunity Commission's | | 17 |
| determination shall be deemed a determination by the Department | | 18 |
| for all purposes under this Act.
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| (B) Notice and Response to Charge.
The Department shall, | | 20 |
| within 10
days of the date on which the charge
was filed, serve | | 21 |
| a copy of the charge on the respondent. This period shall
not | | 22 |
| be construed to be jurisdictional. The charging party and the | | 23 |
| respondent
may each file a position statement and other | | 24 |
| materials with the Department
regarding the charge of alleged | | 25 |
| discrimination within 60 days of receipt of the
notice of the | | 26 |
| charge. The position statements and other materials filed shall
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HB0059 Re-Enrolled |
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LRB096 03116 AJO 13132 b |
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| remain confidential unless otherwise agreed to by the party | | 2 |
| providing the
information and shall not be served on or made | | 3 |
| available to the other
party during pendency
of a charge with | | 4 |
| the Department. The Department
shall
require the respondent to | | 5 |
| file a verified response to
the allegations contained in the | | 6 |
| charge within 60 days of receipt of the
notice of the
charge. | | 7 |
| The respondent shall serve a copy
of its response on the
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| complainant or his representative. All allegations contained | | 9 |
| in the charge
not timely denied by the respondent shall be | | 10 |
| deemed admitted, unless the
respondent states that it is | | 11 |
| without sufficient information to
form a belief with respect to | | 12 |
| such allegation. The Department may issue
a notice of default | | 13 |
| directed to any respondent who fails to file a
verified | | 14 |
| response to a charge within 60 days of receipt of the
notice of | | 15 |
| the charge,
unless the respondent can
demonstrate good cause as
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| to why such notice should not issue. The term "good cause" | | 17 |
| shall be defined by rule promulgated by the Department. Within | | 18 |
| 30 days of receipt
of the respondent's response, the | | 19 |
| complainant may file a
reply to
said response and
shall serve
a | | 20 |
| copy of said reply on the respondent or his representative. A | | 21 |
| party
shall have the right to supplement his response or reply | | 22 |
| at any time that
the investigation of the charge is pending. | | 23 |
| The Department shall,
within 10 days of the date on which the | | 24 |
| charge was filed,
and again no later than 335 days thereafter,
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| send by certified or registered mail written notice to the | | 26 |
| complainant
and to the respondent
informing the complainant
of |
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| the complainant's right to either file a complaint with the | | 2 |
| Human
Rights Commission or commence a civil action in the | | 3 |
| appropriate circuit court
under subparagraph (2) of paragraph | | 4 |
| (G), including in such notice the dates
within which the | | 5 |
| complainant may exercise this right.
In the notice the | | 6 |
| Department shall notify the complainant that the
charge of | | 7 |
| civil rights violation will be dismissed with prejudice and | | 8 |
| with no
right to further proceed if a written complaint is not | | 9 |
| timely filed with
the Commission or with the appropriate | | 10 |
| circuit court by the complainant pursuant to subparagraph (2) | | 11 |
| of paragraph (G)
or by the Department pursuant to subparagraph | | 12 |
| (1) of paragraph (G).
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| (B-1) Mediation. The complainant and respondent may agree | | 14 |
| to voluntarily
submit the charge
to mediation without waiving | | 15 |
| any rights that are otherwise available to
either party | | 16 |
| pursuant to this Act and without incurring any obligation to
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| accept the result of the mediation process. Nothing occurring | | 18 |
| in mediation
shall
be disclosed by the Department or admissible | | 19 |
| in evidence in any subsequent
proceeding unless the complainant | | 20 |
| and the respondent agree in writing that such
disclosure be | | 21 |
| made.
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| (C) Investigation.
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| (1) After the respondent has been notified, the
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| Department shall conduct a full investigation of the | | 25 |
| allegations set
forth in the charge.
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| (2) The Director or his or her designated |
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| representatives shall have
authority to request any member | | 2 |
| of the Commission to issue subpoenas to
compel the | | 3 |
| attendance of a witness or the production for
examination | | 4 |
| of any books, records or documents whatsoever.
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| (3) If any witness whose testimony is required for any | | 6 |
| investigation
resides outside the State, or through | | 7 |
| illness or any other good cause as
determined by the | | 8 |
| Director is unable to be interviewed by the investigator
or | | 9 |
| appear at a fact finding conference, his or her testimony | | 10 |
| or deposition
may be taken, within or without the State, in | | 11 |
| the same manner as is
provided for in the taking of | | 12 |
| depositions in civil cases in circuit courts.
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| (4) Upon reasonable notice to the complainant and the | | 14 |
| respondent,
the Department shall conduct a fact finding | | 15 |
| conference prior to
365 days after the date on which the | | 16 |
| charge was filed,
unless the Director has determined | | 17 |
| whether there is substantial evidence
that the alleged | | 18 |
| civil rights violation has been committed or the charge has
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| been dismissed for lack of jurisdiction. If the parties | | 20 |
| agree in writing,
the fact finding conference may be held | | 21 |
| at a time after the 365 day limit.
Any party's failure to | | 22 |
| attend the conference without good cause
shall result in | | 23 |
| dismissal or default. The term "good cause"
shall
be | | 24 |
| defined by rule promulgated by the Department. A notice of | | 25 |
| dismissal or
default shall be issued by the Director. The | | 26 |
| notice of default issued by the Director shall notify the |
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| respondent and shall notify the relevant
party that a | | 2 |
| request for review may be filed in writing with the | | 3 |
| Commission
within 30 days of receipt of notice of dismissal | | 4 |
| or default. The notice of dismissal issued by the Director | | 5 |
| shall give
the complainant notice of his or her right to | | 6 |
| seek review of the dismissal
before the Human Rights | | 7 |
| Commission or commence a civil action in the
appropriate | | 8 |
| circuit court. If the complainant chooses to have the Human | | 9 |
| Rights Commission review the dismissal order, he or she | | 10 |
| shall file a request for review with the Commission within | | 11 |
| 90 days after receipt of the Director's notice. If the | | 12 |
| complainant chooses to file a request for review with the | | 13 |
| Commission, he or she may not later commence a civil action | | 14 |
| in a circuit court. If the complainant chooses to commence | | 15 |
| a civil action in a circuit court, he or she must do so | | 16 |
| within 90 days after receipt of the Director's notice.
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| (D) Report.
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| (1) Each charge shall be the
subject of a
report to the | | 19 |
| Director. The report shall be a confidential document
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| subject to review by the Director, authorized Department | | 21 |
| employees, the
parties, and, where indicated by this Act, | | 22 |
| members of the Commission or
their designated hearing | | 23 |
| officers.
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| (2) Upon review of the report, the Director shall | | 25 |
| determine whether
there is substantial evidence that the | | 26 |
| alleged civil rights violation
has been committed.
The |
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| determination of substantial evidence is limited to | | 2 |
| determining the need
for further consideration of the | | 3 |
| charge pursuant to this Act
and includes, but is not | | 4 |
| limited to, findings of fact and conclusions, as well
as | | 5 |
| the reasons for the determinations on all material issues. | | 6 |
| Substantial evidence is evidence which a reasonable mind | | 7 |
| accepts
as sufficient to support a particular conclusion | | 8 |
| and which consists of more
than a mere scintilla but may be | | 9 |
| somewhat less than a preponderance.
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| (3) If the Director determines
that there is no | | 11 |
| substantial
evidence, the charge shall be dismissed by | | 12 |
| order of the
Director and the Director shall give the
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| complainant notice of his or her right to seek review of | | 14 |
| the dismissal order before the
Commission or commence a | | 15 |
| civil action in the appropriate circuit court. If the | | 16 |
| complainant chooses to have the Human Rights Commission | | 17 |
| review the dismissal order, he or she shall file a request | | 18 |
| for review with the Commission within 90 30 days after | | 19 |
| receipt of the Director's notice. If the complainant | | 20 |
| chooses to file a request for review with the Commission, | | 21 |
| he or she may not later commence a civil action in a | | 22 |
| circuit court. If the complainant chooses to commence a | | 23 |
| civil action in a circuit court, he or she must do so | | 24 |
| within 90 days after receipt of the Director's notice.
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| (4) If the Director determines that there is | | 26 |
| substantial evidence, he or she shall notify the |
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LRB096 03116 AJO 13132 b |
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| complainant and respondent of that determination. The | | 2 |
| Director shall also notify the parties that the complainant | | 3 |
| has the right to either commence a civil action in the | | 4 |
| appropriate circuit court or request that the Department of | | 5 |
| Human Rights file a complaint with the Human Rights | | 6 |
| Commission on his or her behalf. Any such complaint shall | | 7 |
| be filed within 90 days after receipt of the Director's | | 8 |
| notice. If the complainant chooses to have the Department | | 9 |
| file a complaint with the Human Rights Commission on his or | | 10 |
| her behalf, the complainant must, within 30 14 days after | | 11 |
| receipt of the Director's notice, request in writing that | | 12 |
| the Department file the complaint. If the complainant | | 13 |
| timely requests that the Department file the complaint, the | | 14 |
| Department shall file the complaint on his or her behalf. | | 15 |
| If the complainant fails to timely request that the | | 16 |
| Department file the complaint, the complainant may file his | | 17 |
| or her complaint with the Commission or only commence a | | 18 |
| civil action in the appropriate circuit court.
If the | | 19 |
| complainant files a complaint with
the Human Rights | | 20 |
| Commission, the complainant shall give notice to the
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| Department of the filing of the complaint with the Human | | 22 |
| Rights Commission. | | 23 |
| (E) Conciliation.
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(1) When there is a finding of substantial evidence, | | 25 |
| the Department may designate a Department employee who is | | 26 |
| an attorney
licensed to practice in Illinois to endeavor to |
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LRB096 03116 AJO 13132 b |
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| eliminate the effect of
the alleged civil rights violation | | 2 |
| and to prevent its repetition by
means of conference and | | 3 |
| conciliation.
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| (2) When the Department determines that a formal
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| conciliation conference is necessary, the complainant and | | 6 |
| respondent
shall be notified of the time and place of the | | 7 |
| conference by registered
or certified mail at least 10 days | | 8 |
| prior thereto and either or both
parties shall appear at | | 9 |
| the conference in person or by attorney.
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| (3) The place fixed for the conference shall be within | | 11 |
| 35 miles of
the place where the civil rights violation is | | 12 |
| alleged to have been
committed.
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| (4) Nothing occurring at the conference shall be | | 14 |
| disclosed by the
Department unless
the complainant and | | 15 |
| respondent agree in writing that
such disclosure be made.
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| (5) The Department's efforts to conciliate the matter | | 17 |
| shall not stay or extend the time for filing the complaint | | 18 |
| with the Commission or the circuit court.
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| (F) Complaint.
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| (1) When the complainant requests that the Department | | 21 |
| file a complaint with the Commission on his or her behalf, | | 22 |
| the Department shall prepare a
written complaint, under | | 23 |
| oath or affirmation, stating the nature of the
civil rights | | 24 |
| violation substantially as alleged in the charge | | 25 |
| previously
filed and the relief sought on behalf of the | | 26 |
| aggrieved party. The Department shall file the complaint |
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LRB096 03116 AJO 13132 b |
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| with the Commission.
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| (2) If the complainant chooses to commence a civil | | 3 |
| action in a circuit court, he or she must do so in the | | 4 |
| circuit court in the county wherein the civil rights | | 5 |
| violation was allegedly committed. The form of the | | 6 |
| complaint in any such civil action shall be in accordance | | 7 |
| with the Illinois Code of Civil Procedure.
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| (G) Time Limit.
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| (1) When a charge of a civil rights violation has been
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| properly filed, the Department, within 365
days thereof or | | 11 |
| within any
extension of that period agreed to in writing by | | 12 |
| all parties, shall issue its report as required by | | 13 |
| subparagraph (D). Any such report
shall be duly served upon | | 14 |
| both the complainant and the respondent.
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| (2) If the Department has not issued its report within | | 16 |
| 365 days after the charge is filed, or any such longer | | 17 |
| period agreed to in writing by all the parties, the | | 18 |
| complainant shall have 90 days to either file his or her | | 19 |
| own complaint with the Human Rights Commission or commence | | 20 |
| a civil action in the appropriate circuit court. If the | | 21 |
| complainant files a complaint with the Commission, the form | | 22 |
| of the complaint shall be in accordance with the provisions | | 23 |
| of
paragraph (F)(1). If the complainant commences a civil | | 24 |
| action in a circuit court, the form of the complaint shall | | 25 |
| be in accordance with the Illinois Code of Civil Procedure. | | 26 |
| The aggrieved party shall notify the Department that a
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LRB096 03116 AJO 13132 b |
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| complaint
has been filed and shall serve a copy of the | | 2 |
| complaint on the Department
on the same date that the | | 3 |
| complaint is filed with the Commission or in circuit court. | | 4 |
| If the complainant files a complaint with the Commission, | | 5 |
| he or she may not later commence a civil action in circuit | | 6 |
| court.
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| (3) If an aggrieved party files a complaint
with the
| | 8 |
| Human Rights Commission or commences a civil action in | | 9 |
| circuit court pursuant to paragraph (2) of this subsection, | | 10 |
| or if
the time period for filing a complaint has expired, | | 11 |
| the
Department shall immediately cease its investigation | | 12 |
| and
dismiss the charge of civil rights violation.
Any final | | 13 |
| order entered by the Commission under this Section is
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| appealable in accordance with paragraph (B)(1) of Section | | 15 |
| 8-111.
Failure to immediately cease an investigation and | | 16 |
| dismiss the charge of civil
rights violation as provided in | | 17 |
| this paragraph
(3) constitutes grounds for entry of an | | 18 |
| order by the circuit court permanently
enjoining the
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| investigation. The Department may also be liable for any
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| costs and other damages incurred by the respondent as a | | 21 |
| result of the action of
the Department.
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| (4) The Department shall stay any administrative | | 23 |
| proceedings
under this Section after the filing of a civil | | 24 |
| action by or on behalf of the
aggrieved party under any | | 25 |
| federal or State law seeking relief with respect to
the
| | 26 |
| alleged civil rights violation.
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LRB096 03116 AJO 13132 b |
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| (H) This amendatory Act of 1995 applies to causes of action | | 2 |
| filed on or
after January 1, 1996.
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| (I) This amendatory Act of 1996 applies to causes of action | | 4 |
| filed on or
after January 1, 1996.
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| (J) The changes made to this Section by Public Act 95-243 | | 6 |
| this amendatory Act of the 95th General Assembly apply to | | 7 |
| charges filed on or
after the effective date of those changes.
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| (K) 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 |
| (Source: P.A. 94-146, eff. 7-8-05; 94-326, eff. 7-26-05; | | 12 |
| 94-857, eff. 6-15-06; 95-243, eff. 1-1-08.)
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| (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
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| Sec. 7B-102. Procedures.
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| (A) Charge.
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| (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 | | 23 |
| the time, place, and facts
surrounding the alleged civil | | 24 |
| rights violation.
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| (B) Notice and Response to Charge.
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LRB096 03116 AJO 13132 b |
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| (1) The Department shall serve
notice upon the | | 2 |
| aggrieved party acknowledging such charge and advising the
| | 3 |
| aggrieved party of the time limits and choice of forums | | 4 |
| provided under this
Act. The Department shall, within 10 | | 5 |
| days of the date on which the charge
was filed or the | | 6 |
| identification of an additional respondent under paragraph
| | 7 |
| (2) of this subsection, serve on the respondent a copy of | | 8 |
| the charge along with a notice
identifying the alleged | | 9 |
| civil rights violation and advising the
respondent of the | | 10 |
| procedural rights and obligations of respondents under
| | 11 |
| this Act and shall require the respondent to file a | | 12 |
| verified response to
the allegations contained in the | | 13 |
| charge within 30 days. The respondent
shall serve a copy of | | 14 |
| its response on the complainant or his
representative. All | | 15 |
| allegations contained in the charge
not timely denied by | | 16 |
| the respondent shall be deemed admitted, unless the
| | 17 |
| respondent states that it is without sufficient | | 18 |
| information to
form a belief with respect to such | | 19 |
| allegation. The Department may issue
a notice of default | | 20 |
| directed to any respondent who fails to file a verified
| | 21 |
| response to a charge within 30 days of the date on which | | 22 |
| the charge was
filed, unless the respondent can demonstrate | | 23 |
| good cause as
to why such notice should not issue. The term | | 24 |
| "good cause" shall be defined by rule promulgated by the | | 25 |
| Department. Within 10 days of the date he
receives the | | 26 |
| respondent's response, the complainant may file his reply |
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LRB096 03116 AJO 13132 b |
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| to
said response. If he chooses to file a reply, the | | 2 |
| complainant shall serve
a copy of said reply on the | | 3 |
| respondent or his representative. A party
shall have the | | 4 |
| right to supplement his response or reply at any time that
| | 5 |
| the investigation of the charge is pending.
| | 6 |
| (2) A person who is not named as a respondent in a | | 7 |
| charge, but who is
identified as a respondent in the course | | 8 |
| of investigation, may be joined as
an additional or | | 9 |
| substitute respondent upon written notice, under | | 10 |
| subsection
(B), to such person, from the Department.
Such | | 11 |
| notice, in addition to meeting the requirements of | | 12 |
| subsections (A)
and (B), shall explain the basis for the | | 13 |
| Department's belief that a person
to whom the notice is | | 14 |
| addressed is properly joined as a respondent.
| | 15 |
| (C) Investigation.
| | 16 |
| (1) The Department shall conduct a full investigation
| | 17 |
| of the allegations set forth in the charge and complete | | 18 |
| such investigation
within 100 days after the filing of the | | 19 |
| charge, unless it is impracticable to
do so. The | | 20 |
| Department's failure to complete the investigation within | | 21 |
| 100 days after the proper filing of the charge does not | | 22 |
| deprive the Department of jurisdiction over the charge.
| | 23 |
| (2) If the Department is unable to complete the | | 24 |
| investigation within 100
days after the charge is filed, | | 25 |
| the Department shall notify the complainant
and respondent | | 26 |
| in writing of the reasons for not doing so.
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LRB096 03116 AJO 13132 b |
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| (3) The Director or his or her designated | | 2 |
| representative shall have
authority to request any member | | 3 |
| of the Commission to issue subpoenas to
compel the | | 4 |
| attendance of a witness or the production for
examination | | 5 |
| of any books, records or documents whatsoever.
| | 6 |
| (4) If any witness whose testimony is required for any | | 7 |
| investigation
resides outside the State, or through | | 8 |
| illness or any other good cause as
determined by the | | 9 |
| Director is unable to be interviewed by the investigator
or | | 10 |
| appear at a fact finding conference, his or her testimony | | 11 |
| or deposition
may be taken, within or without the State, in | | 12 |
| the same manner as
provided for in the taking of | | 13 |
| depositions in civil cases in circuit courts.
| | 14 |
| (5) Upon reasonable notice to the complainant and the | | 15 |
| respondent,
the Department shall conduct a fact finding | | 16 |
| conference, unless prior to
100 days from the date on which | | 17 |
| the charge was filed, the Director has
determined whether | | 18 |
| there is substantial evidence that the alleged civil
rights | | 19 |
| violation has been committed. A party's failure to attend | | 20 |
| the
conference
without good cause may result in dismissal | | 21 |
| or default. A notice of dismissal
or default shall be | | 22 |
| issued by the Director and shall notify the relevant
party | | 23 |
| that a request for review may be filed in writing with the | | 24 |
| Commission
within 30 days of receipt of notice of dismissal | | 25 |
| or default.
| | 26 |
| (D) Report.
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LRB096 03116 AJO 13132 b |
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| (1) Each investigated charge shall be the subject of a
| | 2 |
| report to the Director. The report shall be a confidential | | 3 |
| document
subject to review by the Director, authorized | | 4 |
| Department employees, the
parties, and, where indicated by | | 5 |
| this Act, members of the Commission or
their designated | | 6 |
| hearing officers.
| | 7 |
| The report shall contain:
| | 8 |
| (a) the names and dates of contacts with witnesses;
| | 9 |
| (b) a summary and the date of correspondence and | | 10 |
| other contacts with the
aggrieved party and the | | 11 |
| respondent;
| | 12 |
| (c) a summary description of other pertinent | | 13 |
| records;
| | 14 |
| (d) a summary of witness statements; and
| | 15 |
| (e) answers to questionnaires.
| | 16 |
| A final report under this paragraph may be amended if | | 17 |
| additional evidence
is later discovered.
| | 18 |
| (2) Upon review of the report and within 100 days of | | 19 |
| the filing of the
charge, unless it is impracticable
to do | | 20 |
| so, the Director shall determine whether there is | | 21 |
| substantial
evidence that the alleged civil rights | | 22 |
| violation has been committed or is
about to be committed.
| | 23 |
| If the Director is unable to make the determination within | | 24 |
| 100 days after
the filing of the charge, the Director shall | | 25 |
| notify the complainant and
respondent in writing of the | | 26 |
| reasons for not doing so. The Director's failure to make |
|
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LRB096 03116 AJO 13132 b |
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| | 1 |
| the determination within 100 days after the proper filing | | 2 |
| of the charge does not deprive the Department of | | 3 |
| jurisdiction over the charge.
| | 4 |
| (a) If the Director determines that there is no | | 5 |
| substantial
evidence, the charge shall be dismissed | | 6 |
| and the aggrieved party notified
that he or she may | | 7 |
| seek review of the dismissal order before the
| | 8 |
| Commission. The aggrieved party shall have 90 30 days | | 9 |
| from receipt of notice
to file a request for review by | | 10 |
| the Commission. The
Director shall make
public | | 11 |
| disclosure of each such dismissal.
| | 12 |
| (b) If the Director determines that there is | | 13 |
| substantial evidence, he or
she shall immediately | | 14 |
| issue a complaint on behalf of the aggrieved party
| | 15 |
| pursuant to subsection (F).
| | 16 |
| (E) Conciliation.
| | 17 |
| (1) During the period beginning with the filing of
| | 18 |
| charge and ending with the filing of a complaint or a | | 19 |
| dismissal by the
Department, the Department shall, to the | | 20 |
| extent feasible, engage in
conciliation with respect to | | 21 |
| such charge.
| | 22 |
| When the Department determines that a formal
| | 23 |
| conciliation conference is feasible, the aggrieved party | | 24 |
| and respondent
shall be notified of the time and place of | | 25 |
| the conference by registered
or certified mail at least 7 | | 26 |
| days prior thereto and either or both
parties shall appear |
|
|
|
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| at the conference in person or by attorney.
| | 2 |
| (2) The place fixed for the conference shall be within | | 3 |
| 35 miles of
the place where the civil rights violation is | | 4 |
| alleged to have been
committed.
| | 5 |
| (3) Nothing occurring at the conference shall be made | | 6 |
| public or used as
evidence in a subsequent proceeding for | | 7 |
| the purpose of proving a violation
under this Act unless | | 8 |
| the complainant and respondent agree in writing that
such | | 9 |
| disclosure be made.
| | 10 |
| (4) A conciliation agreement arising out of such | | 11 |
| conciliation shall be
an agreement between the respondent | | 12 |
| and the complainant, and shall be
subject to approval by | | 13 |
| the Department and Commission.
| | 14 |
| (5) A conciliation agreement may provide for binding | | 15 |
| arbitration of the
dispute arising from the charge. Any | | 16 |
| such arbitration that results from a
conciliation | | 17 |
| agreement may award appropriate relief, including monetary | | 18 |
| relief.
| | 19 |
| (6) Each conciliation agreement shall be made public | | 20 |
| unless the
complainant and respondent otherwise agree and | | 21 |
| the Department determines
that disclosure is not required | | 22 |
| to further the purpose of this Act.
| | 23 |
| (F) Complaint.
| | 24 |
| (1) When there is a failure to settle or adjust any
| | 25 |
| charge through a conciliation conference and the charge is | | 26 |
| not dismissed,
the Department shall prepare a
written |
|
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LRB096 03116 AJO 13132 b |
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| complaint, under oath or affirmation, stating the nature of | | 2 |
| the
civil rights violation and the relief sought on behalf | | 3 |
| of the aggrieved
party. Such complaint shall be based on | | 4 |
| the final investigation report and
need not be limited to | | 5 |
| the facts or grounds alleged in the charge filed
under | | 6 |
| subsection (A).
| | 7 |
| (2) The complaint shall be filed with the Commission.
| | 8 |
| (3) The Department may not issue a complaint under this | | 9 |
| Section
regarding an alleged civil rights violation after | | 10 |
| the beginning of
the trial of a civil action commenced by | | 11 |
| the aggrieved party under any
State or federal law, seeking | | 12 |
| relief with respect to that alleged civil rights
violation.
| | 13 |
| (G) Time Limit.
| | 14 |
| (1) When a charge of a civil rights violation has been
| | 15 |
| properly filed, the Department, within 100 days thereof, | | 16 |
| unless it is
impracticable to do so,
shall either issue and | | 17 |
| file a complaint in the manner and form set forth in
this | | 18 |
| Section or shall order that no complaint be issued. Any | | 19 |
| such order
shall be duly served upon both the aggrieved | | 20 |
| party and the respondent. The Department's failure to | | 21 |
| either issue and file a complaint or order that no | | 22 |
| complaint be issued within 100 days after the proper filing | | 23 |
| of the charge does not deprive the Department of | | 24 |
| jurisdiction over the charge.
| | 25 |
| (2) The Director shall make available to the aggrieved | | 26 |
| party
and the respondent, at any time, upon request |
|
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LRB096 03116 AJO 13132 b |
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| | 1 |
| following completion of the
Department's investigation, | | 2 |
| information derived from an investigation and
any final | | 3 |
| investigative report relating to that investigation.
| | 4 |
| (H) This amendatory Act of 1995 applies to causes of action | | 5 |
| filed on or
after
January 1, 1996.
| | 6 |
| (I) The changes made to this Section by Public Act 95-243 | | 7 |
| this amendatory Act of the 95th General Assembly apply to | | 8 |
| charges filed on or
after the effective date of those changes. | | 9 |
| (J) The changes made to this Section by this amendatory Act | | 10 |
| of the 96th General Assembly apply to charges filed on or
after | | 11 |
| the effective date of those changes. | | 12 |
| (Source: P.A. 94-326, eff. 7-26-05; 94-857, eff. 6-15-06; | | 13 |
| 95-243, eff. 1-1-08.)
| | 14 |
| (775 ILCS 5/8-103) (from Ch. 68, par. 8-103)
| | 15 |
| Sec. 8-103. Request for Review.
| | 16 |
| (A) Jurisdiction. The Commission,
through a panel of three | | 17 |
| members, shall have jurisdiction to hear and
determine requests | | 18 |
| for review of (1) decisions of the Department to dismiss
a | | 19 |
| charge; and (2) notices of default issued by the Department.
| | 20 |
| In each instance, the Department shall be the respondent.
| | 21 |
| (B) Review. When a request for review is properly filed, | | 22 |
| the Commission
may consider the Department's report, any | | 23 |
| argument and supplemental evidence
timely submitted, and the | | 24 |
| results of any additional investigation conducted by
the
| | 25 |
| Department in response to the request. In its discretion, the |
|
|
|
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LRB096 03116 AJO 13132 b |
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| | 1 |
| Commission
may designate a hearing officer to conduct a hearing | | 2 |
| into the factual basis
of the matter at issue.
| | 3 |
| (C) Default Order. When a respondent fails to file a timely | | 4 |
| request
for review of a notice of default, or the default is | | 5 |
| sustained on review,
the Commission shall enter a default order | | 6 |
| and notify the parties that the complainant has the right to | | 7 |
| either commence a civil action in the appropriate circuit court | | 8 |
| to determine the complainant's damages or request that the | | 9 |
| Commission set a hearing on damages before one of its hearing | | 10 |
| officers. The complainant shall have 90 days after receipt of | | 11 |
| the Commission's default order to either commence a civil | | 12 |
| action in the appropriate circuit court or request that the | | 13 |
| Commission set a hearing on damages.
| | 14 |
| (D) Time Period Toll. Proceedings on requests for review | | 15 |
| shall toll
the time limitation established in paragraph (G) of | | 16 |
| Section 7A-102 from
the date on which the Department's notice | | 17 |
| of dismissal or default is issued
to the date
on which the | | 18 |
| Commission's order is entered.
| | 19 |
| (E) The changes made to this Section by Public Act 95-243 | | 20 |
| this amendatory Act of the 95th General Assembly apply to | | 21 |
| charges or complaints filed with the Department or Commission | | 22 |
| on or
after the effective date of those changes. | | 23 |
| (F) The changes made to this Section by this amendatory Act | | 24 |
| of the 96th General Assembly apply to charges or complaints | | 25 |
| filed with the Department or Commission on or
after the | | 26 |
| effective date of those changes. |
|
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LRB096 03116 AJO 13132 b |
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| | 1 |
| (Source: P.A. 95-243, eff. 1-1-08.)
| | 2 |
| Section 90. Section 7-101.1 of the Illinois Human Rights | | 3 |
| Act, as it existed immediately before its repeal by Public Act | | 4 |
| 95-243, applies to charges that were filed under that Act | | 5 |
| before January 1, 2008 and were pending on that date.
| | 6 |
| Section 99. Effective date. This Act takes effect upon | | 7 |
| becoming law.
|
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|
