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


Bill Title: Amends the Illinois Human Rights Act. In provisions governing the notice and response in a case involving types of charges other than those pertaining to real estate transactions, removes the requirement that a response be verified. Provides that the charging party and the respondent may each file a position statement and other materials with the Department of Human Rights regarding the charge of alleged discrimination within 60 days of receipt of the request by the Department (instead of "within 60 days of receipt of notice of the charge"). Provides that the Department may (instead of "shall") require the respondent to file a response to the allegations contained in the charge within 60 days of receipt of the notice of the charge. Provides that all allegations contained in the charge not timely denied by the respondent may (instead of "shall") be deemed admitted, unless the respondent states that it is without sufficient information to form a belief with respect to the allegation. Provides that within 30 days of receipt of the respondent's response, the complainant may file a reply to the response and may (instead of "shall") serve a copy of the reply on the respondent or the respondent's representative. Provides that a party may (instead of "shall have the right to") supplement the response or reply at any time that the investigation of the charge is pending. Makes similar changes in provisions governing the notice and response in other types of charges arising under the Act. Makes other changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Enrolled) 2017-07-24 - Sent to the Governor [HB3092 Detail]

Download: Illinois-2017-HB3092-Enrolled.html



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1 AN ACT concerning human rights.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Human Rights Act is amended by
5changing Sections 7A-102 and 7B-102 as follows:
6 (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
7 Sec. 7A-102. Procedures.
8 (A) Charge.
9 (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
13 under the signature of the Director.
14 (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.
18 (3) Charges deemed filed with the Department pursuant
19 to subsection (A-1) of this Section shall be deemed to be
20 in compliance with this subsection.
21 (A-1) Equal Employment Opportunity Commission Charges.
22 (1) If a charge is filed with the Equal Employment
23 Opportunity Commission (EEOC) within 180 days after the

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1 date of the alleged civil rights violation, the charge
2 shall be deemed filed with the Department on the date filed
3 with the EEOC. If the EEOC is the governmental agency
4 designated to investigate the charge first, the Department
5 shall take no action until the EEOC makes a determination
6 on the charge and after the complainant notifies the
7 Department of the EEOC's determination. In such cases,
8 after receiving notice from the EEOC that a charge was
9 filed, the Department shall notify the parties that (i) a
10 charge has been received by the EEOC and has been sent to
11 the Department for dual filing purposes; (ii) the EEOC is
12 the governmental agency responsible for investigating the
13 charge and that the investigation shall be conducted
14 pursuant to the rules and procedures adopted by the EEOC;
15 (iii) it will take no action on the charge until the EEOC
16 issues its determination; (iv) the complainant must submit
17 a copy of the EEOC's determination within 30 days after
18 service of the determination by the EEOC on complainant;
19 and (v) that the time period to investigate the charge
20 contained in subsection (G) of this Section is tolled from
21 the date on which the charge is filed with the EEOC until
22 the EEOC issues its determination.
23 (2) If the EEOC finds reasonable cause to believe that
24 there has been a violation of federal law and if the
25 Department is timely notified of the EEOC's findings by
26 complainant, the Department shall notify complainant that

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1 the Department has adopted the EEOC's determination of
2 reasonable cause and that complainant has the right, within
3 90 days after receipt of the Department's notice, to either
4 file his or her own complaint with the Illinois Human
5 Rights Commission or commence a civil action in the
6 appropriate circuit court or other appropriate court of
7 competent jurisdiction. The Department's notice to
8 complainant that the Department has adopted the EEOC's
9 determination of reasonable cause shall constitute the
10 Department's Report for purposes of subparagraph (D) of
11 this Section.
12 (3) For those charges alleging violations within the
13 jurisdiction of both the EEOC and the Department and for
14 which the EEOC either (i) does not issue a determination,
15 but does issue the complainant a notice of a right to sue,
16 including when the right to sue is issued at the request of
17 the complainant, or (ii) determines that it is unable to
18 establish that illegal discrimination has occurred and
19 issues the complainant a right to sue notice, and if the
20 Department is timely notified of the EEOC's determination
21 by complainant, the Department shall notify the parties
22 that the Department will adopt the EEOC's determination as
23 a dismissal for lack of substantial evidence unless the
24 complainant requests in writing within 35 days after
25 receipt of the Department's notice that the Department
26 review the EEOC's determination.

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1 (a) If the complainant does not file a written
2 request with the Department to review the EEOC's
3 determination within 35 days after receipt of the
4 Department's notice, the Department shall notify
5 complainant that the decision of the EEOC has been
6 adopted by the Department as a dismissal for lack of
7 substantial evidence and that the complainant has the
8 right, within 90 days after receipt of the Department's
9 notice, to commence a civil action in the appropriate
10 circuit court or other appropriate court of competent
11 jurisdiction. The Department's notice to complainant
12 that the Department has adopted the EEOC's
13 determination shall constitute the Department's report
14 for purposes of subparagraph (D) of this Section.
15 (b) If the complainant does file a written request
16 with the Department to review the EEOC's
17 determination, the Department shall review the EEOC's
18 determination and any evidence obtained by the EEOC
19 during its investigation. If, after reviewing the
20 EEOC's determination and any evidence obtained by the
21 EEOC, the Department determines there is no need for
22 further investigation of the charge, the Department
23 shall issue a report and the Director shall determine
24 whether there is substantial evidence that the alleged
25 civil rights violation has been committed pursuant to
26 subsection (D) of Section 7A-102. If, after reviewing

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1 the EEOC's determination and any evidence obtained by
2 the EEOC, the Department determines there is a need for
3 further investigation of the charge, the Department
4 may conduct any further investigation it deems
5 necessary. After reviewing the EEOC's determination,
6 the evidence obtained by the EEOC, and any additional
7 investigation conducted by the Department, the
8 Department shall issue a report and the Director shall
9 determine whether there is substantial evidence that
10 the alleged civil rights violation has been committed
11 pursuant to subsection (D) of Section 7A-102 of this
12 Act.
13 (4) Pursuant to this Section, if the EEOC dismisses the
14 charge or a portion of the charge of discrimination
15 because, under federal law, the EEOC lacks jurisdiction
16 over the charge, and if, under this Act, the Department has
17 jurisdiction over the charge of discrimination, the
18 Department shall investigate the charge or portion of the
19 charge dismissed by the EEOC for lack of jurisdiction
20 pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
21 (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of
22 this Act.
23 (5) The time limit set out in subsection (G) of this
24 Section is tolled from the date on which the charge is
25 filed with the EEOC to the date on which the EEOC issues
26 its determination.

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1 (B) Notice and Response to Charge. The Department shall,
2within 10 days of the date on which the charge was filed, serve
3a copy of the charge on the respondent. This period shall not
4be construed to be jurisdictional. The charging party and the
5respondent may each file a position statement and other
6materials with the Department regarding the charge of alleged
7discrimination within 60 days of receipt of the notice of the
8charge. The position statements and other materials filed shall
9remain confidential unless otherwise agreed to by the party
10providing the information and shall not be served on or made
11available to the other party during pendency of a charge with
12the Department. The Department may shall require the respondent
13to file a verified response to the allegations contained in the
14charge. Upon the Department's request, the respondent shall
15file a response to the charge within 60 days and of receipt of
16the notice of the charge. The respondent shall serve a copy of
17its response on the complainant or his or her representative.
18Notwithstanding any request from the Department, the
19respondent may elect to file a response to the charge within 60
20days of receipt of notice of the charge, provided the
21respondent serves a copy of its response on the complainant or
22his or her representative. All allegations contained in the
23charge not timely denied by the respondent within 60 days of
24the Department's request for a response may shall be deemed
25admitted, unless the respondent states that it is without
26sufficient information to form a belief with respect to such

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1allegation. The Department may issue a notice of default
2directed to any respondent who fails to file a verified
3response to a charge within 60 days of receipt of the
4Department's request notice of the charge, unless the
5respondent can demonstrate good cause as to why such notice
6should not issue. The term "good cause" shall be defined by
7rule promulgated by the Department. Within 30 days of receipt
8of the respondent's response, the complainant may file a reply
9to said response and shall serve a copy of said reply on the
10respondent or his or her representative. A party shall have the
11right to supplement his or her response or reply at any time
12that the investigation of the charge is pending. The Department
13shall, within 10 days of the date on which the charge was
14filed, and again no later than 335 days thereafter, send by
15certified or registered mail written notice to the complainant
16and to the respondent informing the complainant of the
17complainant's right to either file a complaint with the Human
18Rights Commission or commence a civil action in the appropriate
19circuit court under subparagraph (2) of paragraph (G),
20including in such notice the dates within which the complainant
21may exercise this right. In the notice the Department shall
22notify the complainant that the charge of civil rights
23violation will be dismissed with prejudice and with no right to
24further proceed if a written complaint is not timely filed with
25the Commission or with the appropriate circuit court by the
26complainant pursuant to subparagraph (2) of paragraph (G) or by

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1the Department pursuant to subparagraph (1) of paragraph (G).
2 (B-1) Mediation. The complainant and respondent may agree
3to voluntarily submit the charge to mediation without waiving
4any rights that are otherwise available to either party
5pursuant to this Act and without incurring any obligation to
6accept the result of the mediation process. Nothing occurring
7in mediation shall be disclosed by the Department or admissible
8in evidence in any subsequent proceeding unless the complainant
9and the respondent agree in writing that such disclosure be
10made.
11 (C) Investigation.
12 (1) The After the respondent has been notified, the
13 Department shall conduct an a full investigation
14 sufficient to determine whether of the allegations set
15 forth in the charge are supported by substantial evidence.
16 (2) The Director or his or her designated
17 representatives shall have authority to request any member
18 of the Commission to issue subpoenas to compel the
19 attendance of a witness or the production for examination
20 of any books, records or documents whatsoever.
21 (3) If any witness whose testimony is required for any
22 investigation resides outside the State, or through
23 illness or any other good cause as determined by the
24 Director is unable to be interviewed by the investigator or
25 appear at a fact finding conference, his or her testimony
26 or deposition may be taken, within or without the State, in

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1 the same manner as is provided for in the taking of
2 depositions in civil cases in circuit courts.
3 (4) Upon reasonable notice to the complainant and the
4 respondent, the Department shall conduct a fact finding
5 conference, unless prior to 365 days after the date on
6 which the charge was filed the Director has determined
7 whether there is substantial evidence that the alleged
8 civil rights violation has been committed, the charge has
9 been dismissed for lack of jurisdiction, or the parties
10 voluntarily and in writing agree to waive the fact finding
11 conference. Any party's failure to attend the conference
12 without good cause shall result in dismissal or default.
13 The term "good cause" shall be defined by rule promulgated
14 by the Department. A notice of dismissal or default shall
15 be issued by the Director. The notice of default issued by
16 the Director shall notify the respondent that a request for
17 review may be filed in writing with the Commission within
18 30 days of receipt of notice of default. The notice of
19 dismissal issued by the Director shall give the complainant
20 notice of his or her right to seek review of the dismissal
21 before the Human Rights Commission or commence a civil
22 action in the appropriate circuit court. If the complainant
23 chooses to have the Human Rights Commission review the
24 dismissal order, he or she shall file a request for review
25 with the Commission within 90 days after receipt of the
26 Director's notice. If the complainant chooses to file a

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1 request for review with the Commission, he or she may not
2 later commence a civil action in a circuit court. If the
3 complainant chooses to commence a civil action in a circuit
4 court, he or she must do so within 90 days after receipt of
5 the Director's notice.
6 (D) Report.
7 (1) Each charge shall be the subject of a report to the
8 Director. The report shall be a confidential document
9 subject to review by the Director, authorized Department
10 employees, the parties, and, where indicated by this Act,
11 members of the Commission or their designated hearing
12 officers.
13 (2) Upon review of the report, the Director shall
14 determine whether there is substantial evidence that the
15 alleged civil rights violation has been committed. The
16 determination of substantial evidence is limited to
17 determining the need for further consideration of the
18 charge pursuant to this Act and includes, but is not
19 limited to, findings of fact and conclusions, as well as
20 the reasons for the determinations on all material issues.
21 Substantial evidence is evidence which a reasonable mind
22 accepts as sufficient to support a particular conclusion
23 and which consists of more than a mere scintilla but may be
24 somewhat less than a preponderance.
25 (3) If the Director determines that there is no
26 substantial evidence, the charge shall be dismissed by

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1 order of the Director and the Director shall give the
2 complainant notice of his or her right to seek review of
3 the dismissal order before the Commission or commence a
4 civil action in the appropriate circuit court. If the
5 complainant chooses to have the Human Rights Commission
6 review the dismissal order, he or she shall file a request
7 for review with the Commission within 90 days after receipt
8 of the Director's notice. If the complainant chooses to
9 file a request for review with the Commission, he or she
10 may not later commence a civil action in a circuit court.
11 If the complainant chooses to commence a civil action in a
12 circuit court, he or she must do so within 90 days after
13 receipt of the Director's notice.
14 (4) If the Director determines that there is
15 substantial evidence, he or she shall notify the
16 complainant and respondent of that determination. The
17 Director shall also notify the parties that the complainant
18 has the right to either commence a civil action in the
19 appropriate circuit court or request that the Department of
20 Human Rights file a complaint with the Human Rights
21 Commission on his or her behalf. Any such complaint shall
22 be filed within 90 days after receipt of the Director's
23 notice. If the complainant chooses to have the Department
24 file a complaint with the Human Rights Commission on his or
25 her behalf, the complainant must, within 30 days after
26 receipt of the Director's notice, request in writing that

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1 the Department file the complaint. If the complainant
2 timely requests that the Department file the complaint, the
3 Department shall file the complaint on his or her behalf.
4 If the complainant fails to timely request that the
5 Department file the complaint, the complainant may file his
6 or her complaint with the Commission or commence a civil
7 action in the appropriate circuit court. If the complainant
8 files a complaint with the Human Rights Commission, the
9 complainant shall give notice to the Department of the
10 filing of the complaint with the Human Rights Commission.
11 (E) Conciliation.
12 (1) When there is a finding of substantial evidence,
13 the Department may designate a Department employee who is
14 an attorney licensed to practice in Illinois to endeavor to
15 eliminate the effect of the alleged civil rights violation
16 and to prevent its repetition by means of conference and
17 conciliation.
18 (2) When the Department determines that a formal
19 conciliation conference is necessary, the complainant and
20 respondent shall be notified of the time and place of the
21 conference by registered or certified mail at least 10 days
22 prior thereto and either or both parties shall appear at
23 the conference in person or by attorney.
24 (3) The place fixed for the conference shall be within
25 35 miles of the place where the civil rights violation is
26 alleged to have been committed.

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1 (4) Nothing occurring at the conference shall be
2 disclosed by the Department unless the complainant and
3 respondent agree in writing that such disclosure be made.
4 (5) The Department's efforts to conciliate the matter
5 shall not stay or extend the time for filing the complaint
6 with the Commission or the circuit court.
7 (F) Complaint.
8 (1) When the complainant requests that the Department
9 file a complaint with the Commission on his or her behalf,
10 the Department shall prepare a written complaint, under
11 oath or affirmation, stating the nature of the civil rights
12 violation substantially as alleged in the charge
13 previously filed and the relief sought on behalf of the
14 aggrieved party. The Department shall file the complaint
15 with the Commission.
16 (2) If the complainant chooses to commence a civil
17 action in a circuit court, he or she must do so in the
18 circuit court in the county wherein the civil rights
19 violation was allegedly committed. The form of the
20 complaint in any such civil action shall be in accordance
21 with the Illinois Code of Civil Procedure.
22 (G) Time Limit.
23 (1) When a charge of a civil rights violation has been
24 properly filed, the Department, within 365 days thereof or
25 within any extension of that period agreed to in writing by
26 all parties, shall issue its report as required by

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1 subparagraph (D). Any such report shall be duly served upon
2 both the complainant and the respondent.
3 (2) If the Department has not issued its report within
4 365 days after the charge is filed, or any such longer
5 period agreed to in writing by all the parties, the
6 complainant shall have 90 days to either file his or her
7 own complaint with the Human Rights Commission or commence
8 a civil action in the appropriate circuit court. If the
9 complainant files a complaint with the Commission, the form
10 of the complaint shall be in accordance with the provisions
11 of paragraph (F)(1). If the complainant commences a civil
12 action in a circuit court, the form of the complaint shall
13 be in accordance with the Illinois Code of Civil Procedure.
14 The aggrieved party shall notify the Department that a
15 complaint has been filed and shall serve a copy of the
16 complaint on the Department on the same date that the
17 complaint is filed with the Commission or in circuit court.
18 If the complainant files a complaint with the Commission,
19 he or she may not later commence a civil action in circuit
20 court.
21 (3) If an aggrieved party files a complaint with the
22 Human Rights Commission or commences a civil action in
23 circuit court pursuant to paragraph (2) of this subsection,
24 or if the time period for filing a complaint has expired,
25 the Department shall immediately cease its investigation
26 and dismiss the charge of civil rights violation. Any final

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1 order entered by the Commission under this Section is
2 appealable in accordance with paragraph (B)(1) of Section
3 8-111. Failure to immediately cease an investigation and
4 dismiss the charge of civil rights violation as provided in
5 this paragraph (3) constitutes grounds for entry of an
6 order by the circuit court permanently enjoining the
7 investigation. The Department may also be liable for any
8 costs and other damages incurred by the respondent as a
9 result of the action of the Department.
10 (4) The Department shall stay any administrative
11 proceedings under this Section after the filing of a civil
12 action by or on behalf of the aggrieved party under any
13 federal or State law seeking relief with respect to the
14 alleged civil rights violation.
15 (H) This amendatory Act of 1995 applies to causes of action
16filed on or after January 1, 1996.
17 (I) This amendatory Act of 1996 applies to causes of action
18filed on or after January 1, 1996.
19 (J) The changes made to this Section by Public Act 95-243
20apply to charges filed on or after the effective date of those
21changes.
22 (K) The changes made to this Section by this amendatory Act
23of the 96th General Assembly apply to charges filed on or after
24the effective date of those changes.
25(Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12; 97-596,
26eff. 8-26-11; 97-813, eff. 7-13-12.)

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1 (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
2 Sec. 7B-102. Procedures.
3 (A) Charge.
4 (1) Within one year after the date that a civil rights
5 violation allegedly has been committed or terminated, a
6 charge in writing under oath or affirmation may be filed
7 with the Department by an aggrieved party or issued by the
8 Department itself under the signature of the Director.
9 (2) The charge shall be in such detail as to
10 substantially apprise any party properly concerned as to
11 the time, place, and facts surrounding the alleged civil
12 rights violation.
13 (B) Notice and Response to Charge.
14 (1) The Department shall serve notice upon the
15 aggrieved party acknowledging such charge and advising the
16 aggrieved party of the time limits and choice of forums
17 provided under this Act. The Department shall, within 10
18 days of the date on which the charge was filed or the
19 identification of an additional respondent under paragraph
20 (2) of this subsection, serve on the respondent a copy of
21 the charge along with a notice identifying the alleged
22 civil rights violation and advising the respondent of the
23 procedural rights and obligations of respondents under
24 this Act and may shall require the respondent to file a
25 verified response to the allegations contained in the

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1 charge. Upon the Department's request, the respondent
2 shall file a response to the charge within 30 days and . The
3 respondent shall serve a copy of its response on the
4 complainant or his or her representative. Notwithstanding
5 any request from the Department, the respondent may elect
6 to file a response to the charge within 30 days of receipt
7 of notice of the charge, provided the respondent serves a
8 copy of its response on the complainant or his or her
9 representative. All allegations contained in the charge
10 not timely denied by the respondent within 30 days after
11 the Department's request for a response may shall be deemed
12 admitted, unless the respondent states that it is without
13 sufficient information to form a belief with respect to
14 such allegation. The Department may issue a notice of
15 default directed to any respondent who fails to file a
16 verified response to a charge within 30 days of the
17 Department's request date on which the charge was filed,
18 unless the respondent can demonstrate good cause as to why
19 such notice should not issue. The term "good cause" shall
20 be defined by rule promulgated by the Department. Within 10
21 days of the date he or she receives the respondent's
22 response, the complainant may file his or her reply to said
23 response. If he or she chooses to file a reply, the
24 complainant shall serve a copy of said reply on the
25 respondent or his or her representative. A party may shall
26 have the right to supplement his or her response or reply

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1 at any time that the investigation of the charge is
2 pending.
3 (2) A person who is not named as a respondent in a
4 charge, but who is identified as a respondent in the course
5 of investigation, may be joined as an additional or
6 substitute respondent upon written notice, under
7 subsection (B), to such person, from the Department. Such
8 notice, in addition to meeting the requirements of
9 subsections (A) and (B), shall explain the basis for the
10 Department's belief that a person to whom the notice is
11 addressed is properly joined as a respondent.
12 (C) Investigation.
13 (1) The Department shall conduct a full investigation
14 of the allegations set forth in the charge and complete
15 such investigation within 100 days after the filing of the
16 charge, unless it is impracticable to do so. The
17 Department's failure to complete the investigation within
18 100 days after the proper filing of the charge does not
19 deprive the Department of jurisdiction over the charge.
20 (2) If the Department is unable to complete the
21 investigation within 100 days after the charge is filed,
22 the Department shall notify the complainant and respondent
23 in writing of the reasons for not doing so.
24 (3) The Director or his or her designated
25 representative shall have authority to request any member
26 of the Commission to issue subpoenas to compel the

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1 attendance of a witness or the production for examination
2 of any books, records or documents whatsoever.
3 (4) If any witness whose testimony is required for any
4 investigation resides outside the State, or through
5 illness or any other good cause as determined by the
6 Director is unable to be interviewed by the investigator or
7 appear at a fact finding conference, his or her testimony
8 or deposition may be taken, within or without the State, in
9 the same manner as provided for in the taking of
10 depositions in civil cases in circuit courts.
11 (5) Upon reasonable notice to the complainant and the
12 respondent, the Department shall conduct a fact finding
13 conference, unless prior to 100 days from the date on which
14 the charge was filed, the Director has determined whether
15 there is substantial evidence that the alleged civil rights
16 violation has been committed or the parties voluntarily and
17 in writing agree to waive the fact finding conference. A
18 party's failure to attend the conference without good cause
19 may result in dismissal or default. A notice of dismissal
20 or default shall be issued by the Director and shall notify
21 the relevant party that a request for review may be filed
22 in writing with the Commission within 30 days of receipt of
23 notice of dismissal or default.
24 (D) Report.
25 (1) Each investigated charge shall be the subject of a
26 report to the Director. The report shall be a confidential

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1 document subject to review by the Director, authorized
2 Department employees, the parties, and, where indicated by
3 this Act, members of the Commission or their designated
4 hearing officers.
5 The report shall contain:
6 (a) the names and dates of contacts with witnesses;
7 (b) a summary and the date of correspondence and
8 other contacts with the aggrieved party and the
9 respondent;
10 (c) a summary description of other pertinent
11 records;
12 (d) a summary of witness statements; and
13 (e) answers to questionnaires.
14 A final report under this paragraph may be amended if
15 additional evidence is later discovered.
16 (2) Upon review of the report and within 100 days of
17 the filing of the charge, unless it is impracticable to do
18 so, the Director shall determine whether there is
19 substantial evidence that the alleged civil rights
20 violation has been committed or is about to be committed.
21 If the Director is unable to make the determination within
22 100 days after the filing of the charge, the Director shall
23 notify the complainant and respondent in writing of the
24 reasons for not doing so. The Director's failure to make
25 the determination within 100 days after the proper filing
26 of the charge does not deprive the Department of

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1 jurisdiction over the charge.
2 (a) If the Director determines that there is no
3 substantial evidence, the charge shall be dismissed
4 and the aggrieved party notified that he or she may
5 seek review of the dismissal order before the
6 Commission. The aggrieved party shall have 90 days from
7 receipt of notice to file a request for review by the
8 Commission. The Director shall make public disclosure
9 of each such dismissal.
10 (b) If the Director determines that there is
11 substantial evidence, he or she shall immediately
12 issue a complaint on behalf of the aggrieved party
13 pursuant to subsection (F).
14 (E) Conciliation.
15 (1) During the period beginning with the filing of
16 charge and ending with the filing of a complaint or a
17 dismissal by the Department, the Department shall, to the
18 extent feasible, engage in conciliation with respect to
19 such charge.
20 When the Department determines that a formal
21 conciliation conference is feasible, the aggrieved party
22 and respondent shall be notified of the time and place of
23 the conference by registered or certified mail at least 7
24 days prior thereto and either or both parties shall appear
25 at the conference in person or by attorney.
26 (2) The place fixed for the conference shall be within

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1 35 miles of the place where the civil rights violation is
2 alleged to have been committed.
3 (3) Nothing occurring at the conference shall be made
4 public or used as evidence in a subsequent proceeding for
5 the purpose of proving a violation under this Act unless
6 the complainant and respondent agree in writing that such
7 disclosure be made.
8 (4) A conciliation agreement arising out of such
9 conciliation shall be an agreement between the respondent
10 and the complainant, and shall be subject to approval by
11 the Department and Commission.
12 (5) A conciliation agreement may provide for binding
13 arbitration of the dispute arising from the charge. Any
14 such arbitration that results from a conciliation
15 agreement may award appropriate relief, including monetary
16 relief.
17 (6) Each conciliation agreement shall be made public
18 unless the complainant and respondent otherwise agree and
19 the Department determines that disclosure is not required
20 to further the purpose of this Act.
21 (F) Complaint.
22 (1) When there is a failure to settle or adjust any
23 charge through a conciliation conference and the charge is
24 not dismissed, the Department shall prepare a written
25 complaint, under oath or affirmation, stating the nature of
26 the civil rights violation and the relief sought on behalf

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1 of the aggrieved party. Such complaint shall be based on
2 the final investigation report and need not be limited to
3 the facts or grounds alleged in the charge filed under
4 subsection (A).
5 (2) The complaint shall be filed with the Commission.
6 (3) The Department may not issue a complaint under this
7 Section regarding an alleged civil rights violation after
8 the beginning of the trial of a civil action commenced by
9 the aggrieved party under any State or federal law, seeking
10 relief with respect to that alleged civil rights violation.
11 (G) Time Limit.
12 (1) When a charge of a civil rights violation has been
13 properly filed, the Department, within 100 days thereof,
14 unless it is impracticable to do so, shall either issue and
15 file a complaint in the manner and form set forth in this
16 Section or shall order that no complaint be issued. Any
17 such order shall be duly served upon both the aggrieved
18 party and the respondent. The Department's failure to
19 either issue and file a complaint or order that no
20 complaint be issued within 100 days after the proper filing
21 of the charge does not deprive the Department of
22 jurisdiction over the charge.
23 (2) The Director shall make available to the aggrieved
24 party and the respondent, at any time, upon request
25 following completion of the Department's investigation,
26 information derived from an investigation and any final

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1 investigative report relating to that investigation.
2 (H) This amendatory Act of 1995 applies to causes of action
3filed on or after January 1, 1996.
4 (I) The changes made to this Section by Public Act 95-243
5apply to charges filed on or after the effective date of those
6changes.
7 (J) The changes made to this Section by this amendatory Act
8of the 96th General Assembly apply to charges filed on or after
9the effective date of those changes.
10(Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12.)
11 Section 99. Effective date. This Act takes effect upon
12becoming law.
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