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| Public Act 100-0492
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| HB3092 Enrolled | LRB100 05780 HEP 21441 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 |
changing Sections 7A-102 and 7B-102 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 |
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
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under the signature of the Director.
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(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.
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(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 |
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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 |
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 |
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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 |
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. |
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(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 |
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 |
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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 |
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.
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(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
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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
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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 |
days of receipt of notice of the charge, provided the |
respondent serves 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 within 60 days of |
the Department's request for a response may shall be deemed |
admitted, unless the
respondent states that it is without |
sufficient information to
form a belief with respect to such |
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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 |
Department's request
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
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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
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and to the respondent
informing the complainant
of the |
complainant's right to either file a complaint with the Human
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Rights Commission or commence a civil action in the appropriate |
circuit court
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
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the Commission or with the appropriate circuit court by the |
complainant pursuant to subparagraph (2) of paragraph (G)
or by |
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the Department pursuant to subparagraph (1) of paragraph (G).
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(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
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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.
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(C) Investigation.
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(1) The After the respondent has been notified, the
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Department shall conduct an a full investigation |
sufficient to determine whether of the allegations set
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forth in the charge are supported by substantial evidence.
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(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.
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(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 |
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the same manner as is
provided for in the taking of |
depositions in civil cases in circuit courts.
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(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
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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 |
notice of his or her right to seek review of the dismissal
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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 |
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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.
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(D) Report.
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(1) Each charge shall be the
subject of a
report to the |
Director. The report shall be a confidential document
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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.
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(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.
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(3) If the Director determines
that there is no |
substantial
evidence, the charge shall be dismissed by |
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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 |
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.
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(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 |
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 |
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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.
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(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.
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(2) When the Department determines that a formal
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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.
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(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.
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(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.
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(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.
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(F) Complaint.
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(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.
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(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 |
complaint in any such civil action shall be in accordance |
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 |
within any
extension of that period agreed to in writing by |
all parties, shall issue its report as required by |
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subparagraph (D). Any such report
shall be duly served upon |
both the complainant and the respondent.
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(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
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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 |
court.
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(3) If an aggrieved party files a complaint
with the
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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 |
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order entered by the Commission under this Section is
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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
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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 |
result of the action of
the Department.
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(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
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alleged civil rights violation.
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(H) This amendatory Act of 1995 applies to causes of action |
filed on or
after January 1, 1996.
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(I) This amendatory Act of 1996 applies to causes of action |
filed on or
after January 1, 1996.
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(J) The changes made to this Section by Public Act 95-243 |
apply to 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 |
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.)
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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 |
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.
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(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.
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(B) Notice and Response to Charge.
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(1) The Department shall serve
notice upon the |
aggrieved party acknowledging such charge and advising the
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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
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(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
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this Act and may shall require the respondent to file a |
verified response to
the allegations contained in the |
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charge. Upon the Department's request, the respondent
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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
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any request from the Department, the respondent may elect
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to file a response to the charge within 30 days of receipt
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of notice of the charge, provided the respondent serves 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 within 30 days after |
the Department's request for a response 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 |
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.
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(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.
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(C) Investigation.
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(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 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
|
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.
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(1) Each investigated charge shall be the subject of a
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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:
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(a) the names and dates of contacts with witnesses;
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(b) a summary and the date of correspondence and |
other contacts with the
aggrieved party and the |
respondent;
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(c) a summary description of other pertinent |
records;
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(d) a summary of witness statements; and
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(e) answers to questionnaires.
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A final report under this paragraph may be amended if |
additional evidence
is later discovered.
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(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 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).
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(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.
|
(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.
|
