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| Public Act 103-0335
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| HB3135 Enrolled | LRB103 27775 LNS 54153 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 7-101, 7A-102, 7A-104, 7B-104, 8-103, |
8A-102, 10-101, and 10-102 and by adding Section 10-105 as |
follows:
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(775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
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Sec. 7-101. Powers and Duties. In addition to other powers |
and duties
prescribed in this Act, the Department shall have |
the following powers:
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(A) Rules and Regulations. To adopt, promulgate, amend, |
and rescind rules
and regulations not inconsistent with the |
provisions of this Act pursuant
to the Illinois Administrative |
Procedure Act.
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(B) Charges. To issue, receive, investigate, conciliate, |
settle, and dismiss
charges filed in conformity with this Act.
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(C) Compulsory Process. To request subpoenas as it deems |
necessary for
its investigations.
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(D) Complaints. To file complaints with the Commission in |
conformity
with this Act and to intervene in complaints |
pending before the Commission filed under Article 2, 4, 5, 5A, |
or 6.
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(E) Judicial Enforcement. To seek temporary relief and to |
enforce orders
of the Commission in conformity with this Act.
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(F) Equal Employment Opportunities. To take such action as |
may be authorized
to provide for equal employment |
opportunities and affirmative action.
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(G) Recruitment; Research; Public Communication; Advisory |
Councils. To
engage in such recruitment, research and public |
communication and create
such advisory councils as may be |
authorized to effectuate the purposes of
this Act.
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(H) Coordination with other Agencies. To coordinate its
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activities with federal, state, and local agencies in |
conformity with this Act.
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(I) Grants; Private Gifts. |
(1) To accept public grants and private
gifts as may |
be authorized. |
(2) To design grant programs and award grants to |
eligible recipients.
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(J) Education and Training. To implement a formal and |
unbiased program
of education and training for all employees |
assigned to investigate and
conciliate charges under Articles |
7A and 7B. The training program shall
include the following:
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(1) substantive and procedural aspects of the |
investigation and
conciliation positions;
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(2) current issues in human rights law and practice;
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(3) lectures by specialists in substantive areas |
related to human
rights matters;
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(4) orientation to each operational unit of the |
Department and Commission;
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(5) observation of experienced Department |
investigators and attorneys
conducting conciliation |
conferences, combined with the opportunity to
discuss |
evidence presented and rulings made;
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(6) the use of hypothetical cases requiring the |
Department investigator
and conciliation conference |
attorney to issue judgments as a means to
evaluating |
knowledge and writing ability;
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(7) writing skills;
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(8) computer skills, including but not limited to word |
processing and
document management.
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A formal, unbiased and ongoing professional development |
program
including, but not limited to, the above-noted areas |
shall be implemented
to keep Department investigators and |
attorneys informed of recent
developments and issues and to |
assist them in maintaining and enhancing
their professional |
competence.
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(Source: P.A. 102-1115, eff. 1-9-23.)
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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 300 calendar days after the
date that a |
civil rights violation allegedly has been committed, a
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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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(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 300 calendar days |
after the date of the alleged civil rights violation, the |
charge shall be deemed filed with the Department on the |
date filed with the EEOC. If the EEOC is the governmental |
agency designated to investigate the charge first, the |
Department shall take no action until the EEOC makes a |
determination on the charge and after the complainant |
notifies the Department of the EEOC's determination. In |
such cases, after receiving notice from the EEOC that a |
charge was filed, the Department shall notify the parties |
that (i) a charge has been received by the EEOC and has |
been sent to the Department for dual filing purposes; (ii) |
the EEOC is the governmental agency responsible for |
investigating the charge and that the investigation shall |
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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 the 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 |
the complainant, the Department shall notify the |
complainant that the Department has adopted the EEOC's |
determination of reasonable cause and that the complainant |
has the right, within 90 days after receipt of the |
Department's notice, to either file the complainant's 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. This notice shall be provided to the |
complainant within 10 business days after the Department's |
receipt of the EEOC's determination. The Department's |
notice to the complainant that the Department has adopted |
the EEOC's determination of reasonable cause shall |
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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 the complainant, the Department shall notify the |
parties, within 10 business days after receipt of the |
EEOC's determination, that the Department will adopt the |
EEOC's determination as a dismissal for lack of |
substantial evidence unless the complainant requests in |
writing within 35 days after receipt of the Department's |
notice that the Department review the EEOC's |
determination. |
(a) If the complainant does not file a written |
request with the Department to review the EEOC's |
determination within 35 days after receipt of the |
Department's notice, the Department shall notify the |
complainant, within 10 business days after the |
expiration of the 35-day period, that the decision of |
the EEOC has been adopted by the Department as a |
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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 the 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 this Section. If, after reviewing |
the EEOC's determination and any evidence obtained by |
the EEOC, the Department determines there is a need |
for further investigation of the charge, the |
Department may conduct any further investigation it |
deems necessary. After reviewing the EEOC's |
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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 this Section. |
(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 this Section. |
(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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(6) The failure of the Department to meet the |
10-business-day notification deadlines set out in |
paragraph (2) of this subsection shall not impair the |
rights of any party.
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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 |
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a copy of the charge on the respondent and provide all parties |
with a notice of the complainant's right to opt out of the |
investigation within 60 days as set forth in subsection (C-1). |
This period shall
not be construed to be jurisdictional. The |
charging party and the respondent
may each file a position |
statement and other materials with the Department
regarding |
the charge of alleged discrimination within 60 days of receipt |
of the
notice of the charge. The position statements and other |
materials filed shall
remain confidential unless otherwise |
agreed to by the party providing the
information and shall not |
be served on or made available to the other
party during the |
pendency
of a charge with the Department. The Department may
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require the respondent to file a response to
the allegations |
contained in the charge. Upon the Department's request, the |
respondent shall
file a response to the charge within 60 days |
and shall serve a copy
of its response on the
complainant or |
the complainant's 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 the complainant's his or |
her representative. All allegations contained in the charge
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not denied by the respondent within 60 days of the |
Department's request for a response may be deemed admitted, |
unless the
respondent states that it is without sufficient |
information to
form a belief with respect to such allegation. |
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The Department may issue
a notice of default directed to any |
respondent who fails to file a
response to a charge within 60 |
days of receipt of the Department's request,
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 the respondent's his or her representative. A |
party
shall have the right to supplement the party's 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, or |
electronic mail if elected by the party, written notice to the |
complainant
and to the respondent
informing the complainant
of |
the complainant's rights to either file a complaint with the |
Human
Rights Commission or commence a civil action in the |
appropriate circuit court
under subparagraph (2) of paragraph |
(G), including in such notice the dates
within which the |
complainant may exercise these rights.
In the notice the |
Department shall notify the complainant that the
charge of |
civil rights violation will be dismissed with prejudice and |
with no
right to further proceed if a written complaint is not |
timely filed with
the Commission or with the appropriate |
circuit court by the complainant pursuant to subparagraph (2) |
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of paragraph (G)
or by 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
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disclosure be made.
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(C) Investigation.
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(1) The
Department shall conduct an investigation |
sufficient to determine whether the allegations set
forth |
in the charge are supported by substantial evidence unless |
the complainant elects to opt out of an investigation |
pursuant to subsection (C-1).
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(2) The Director or the Director's 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
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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
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or appear at a fact finding conference, the witness' his |
or her testimony or deposition
may be taken, within or |
without the State, in the same manner as is
provided for in |
the taking of depositions in civil cases in circuit |
courts.
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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
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within 30 days of receipt of notice of default. The notice |
of dismissal issued by the Director shall give
the |
complainant notice of the complainant's his or her right |
to seek review of the dismissal
before the Human Rights |
Commission or commence a civil action in the
appropriate |
circuit court. If the complainant chooses to have the |
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Human Rights Commission review the dismissal order, the |
complainant 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, the complainant 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, the complainant he or she must |
do so within 90 days after receipt of the Director's |
notice.
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(C-1) Opt out of Department's investigation. At any time |
within 60 days after receipt of notice of the right to opt out, |
a complainant may submit a written request seeking notice from |
the Director indicating that the complainant has opted out of |
the investigation and may commence a civil action in the |
appropriate circuit court or other appropriate court of |
competent jurisdiction. Within 10 business days of receipt of |
the complainant's request to opt out of the investigation, the |
Director shall issue a notice to the parties stating that: (i) |
the complainant has exercised the right to opt out of the |
investigation; (ii) the complainant has 90 days after receipt |
of the Director's notice to commence an action in the |
appropriate circuit court or other appropriate court of |
competent jurisdiction; and (iii) the Department has ceased |
its investigation and is administratively closing the charge. |
The complainant shall notify the Department and the respondent |
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that a complaint has been filed with the appropriate circuit |
court by serving or other appropriate court of competent |
jurisdiction and shall mail a copy of the complaint on the |
chief legal counsel of to the Department within 21 days from |
the and the respondent on the same date that the complaint is |
filed with the appropriate circuit court. This 21-day period |
for service on the chief legal counsel
shall not be construed |
to be jurisdictional. Once a complainant has opted out of the |
investigation under this subsection, the complainant he or she |
may not file or refile a substantially similar charge with the |
Department arising from the same incident of unlawful |
discrimination or harassment. |
(D) Report.
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(1) Each charge investigated under subsection (C) |
shall be the
subject of a
report to the Director. The |
report shall be a confidential document
subject to review |
by the Director, authorized Department employees, the
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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 |
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the reasons for the determinations on all material issues. |
Substantial evidence is evidence which a reasonable mind |
accepts
as sufficient to support a particular conclusion |
and which consists of more
than a mere scintilla but may be |
somewhat less than a preponderance.
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(3) If the Director determines
that there is no |
substantial
evidence, the charge shall be dismissed by |
order of the
Director and the Director shall give the
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complainant notice of the complainant's his or her right |
to seek review of the notice of dismissal order before the
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Commission or commence a civil action in the appropriate |
circuit court. If the complainant chooses to have the |
Human Rights Commission review the notice of dismissal |
order, the complainant 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, the complainant |
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, the complainant he or she |
must do so within 90 days after receipt of the Director's |
notice. The complainant shall notify the Department that a |
complaint has been filed by serving a copy of the |
complaint on the chief legal counsel of the Department |
within 21 days from the date that the complaint is filed in |
circuit court. This 21-day period for service on the chief |
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legal counsel
shall not be construed to be jurisdictional.
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(4) If the Director determines that there is |
substantial evidence, the Director 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 the complainant's 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 the complainant's his or her |
behalf, the complainant must, within 30 days after receipt |
of the Director's notice, request in writing that the |
Department file the complaint. If the complainant timely |
requests that the Department file the complaint, the |
Department shall file the complaint on the complainant's |
his or her behalf. If the complainant fails to timely |
request that the Department file the complaint, the |
complainant may file the complainant's 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 notify the Department that a complaint |
has been filed by serving a copy of the complaint on the |
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chief legal counsel of the Department within 21 days from |
the date that the complaint is filed give notice to the
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Department of the filing of the complaint with the Human |
Rights Commission. This 21-day period for service on the |
chief legal counsel
shall not be construed to be |
jurisdictional. |
(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 |
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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 the complainant's |
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. |
(1.5) If the complainant chooses to file a complaint |
with the Commission without the Department's assistance, |
the complainant shall notify the Department that a |
complaint has been filed by serving a copy of the |
complaint on the chief legal counsel of the Department |
within 21 days from the date that the complaint is filed |
with the Human Rights Commission. This 21-day period for |
service on the chief legal counsel
shall not be construed |
to be jurisdictional.
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(2) If the complainant chooses to commence a civil |
action in a circuit court: |
(i) The complainant shall file the civil action , |
he or she must do so in the circuit court in the county |
wherein the civil rights violation was allegedly |
committed. |
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(ii) The form of the complaint in any such civil |
action shall be in accordance with the Code of Civil |
Procedure. |
(iii) The complainant shall notify the Department |
that a complaint has been filed by serving a copy of |
the complaint on the chief legal counsel of the |
Department within 21 days from date that the complaint |
is filed in circuit court. This 21-day period for |
service on the chief legal counsel
shall not be |
construed to be jurisdictional.
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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 |
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 the |
complainant's 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 |
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(F)(1). If the complainant commences a civil action in a |
circuit court, the form of the complaint shall be in |
accordance with the Code of Civil Procedure. The aggrieved |
party shall notify the Department that a
complaint
has |
been filed by serving and shall serve a copy of the |
complaint on the chief legal counsel of the Department |
with 21 days from the
on the same date that the complaint |
is filed with the Commission or in circuit court. This |
21-day period for service on the chief legal counsel
shall |
not be construed to be jurisdictional. If the complainant |
files a complaint with the Commission, the complainant 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
|
Human Rights Commission or commences a civil action in |
circuit court pursuant to paragraph (2) of this |
subsection, or if
the time period for filing a complaint |
has expired, the
Department shall immediately cease its |
investigation and
dismiss the charge of civil rights |
violation.
Any final order entered by the Commission under |
this Section is
appealable in accordance with paragraph |
(B)(1) of Section 8-111.
Failure to immediately cease an |
investigation and dismiss the charge of civil
rights |
violation as provided in this paragraph
(3) constitutes |
grounds for entry of an order by the circuit court |
permanently
enjoining the
investigation. The Department |
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may also be liable for any
costs and other damages |
incurred by the respondent as a result of the action of
the |
Department.
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(4) (Blank).
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(H) Public Act 89-370 applies to causes of action filed on |
or
after January 1, 1996.
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(I) Public Act 89-520 applies to causes of action filed on |
or
after January 1, 1996.
|
(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 Public Act 96-876 |
apply to charges filed on or
after the effective date of those |
changes. |
(L) The changes made to this Section by Public Act |
100-1066 apply to charges filed on or
after August 24, 2018 |
(the effective date of Public Act 100-1066). |
(Source: P.A. 101-221, eff. 1-1-20; 102-558, eff. 8-20-21.)
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(775 ILCS 5/7A-104) (from Ch. 68, par. 7A-104)
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Sec. 7A-104. Judicial Proceedings. |
(A) Temporary Relief. |
(1) At any
time after a charge is filed, the |
Department or complainant may petition the
appropriate |
court for temporary relief, pending final determination of
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the proceedings under this Act, including an order or |
|
judgment restraining
the respondent from doing or causing |
any act which would render
ineffectual an order which the |
Commission may enter with respect to the
complainant. |
Whether it is brought by the Department or by the
|
complainant, the petition shall contain a certification by |
the Director
that the particular matter warrants presents |
exceptional circumstances in which
irreparable injury will |
result from a civil rights violation in the
absence of |
temporary relief. The filing of a petition under this |
paragraph does not affect the initiation or continuation |
of administrative proceedings under Sections 7A-102 and |
8A-102.
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(2) The petition shall be filed in the circuit court |
for the county
in which the respondent resides or |
transacts business or in which the
alleged violation took |
place, and the proceedings shall be governed by Part I of |
Article
XI of the "Code of Civil Procedure", as amended. |
The
Except as provided in subsection (A) (3), the court |
may grant temporary
relief or a temporary restraining |
order as it deems just and proper.
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(3) (Blank). When the petition is based upon a civil |
rights violation as
defined in Article 3 of this Act, the |
relief or restraining order
entered by the court shall not |
exceed 5 days unless:
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(a) A longer period is agreed to by the |
respondent; or
|
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(b) The court finds that there is substantial |
evidence to
demonstrate that the respondent has |
engaged in unlawful discrimination.
|
(B) Expedited Proceedings. |
(1) A complainant or the Department at the request
of |
the complainant may at any time petition the circuit court |
for expedited
proceedings. Except as to causes the circuit |
court considers to be of greater
importance, consideration |
of petitions for expedited proceedings under
this |
subsection shall take precedence on the docket over all |
other causes
and be assigned for hearing at the earliest |
practicable date and expedited
in every way.
|
(2) Venue for a petition filed under this subsection |
shall lie in the
county where the respondent resides or is |
found or where the alleged
violation was committed.
|
(3) Any petition filed by the complainant shall name |
the Department,
Commission and the respondent. Any |
petition filed by the Department, upon request of
the |
complainant, shall name the Commission and the respondent.
|
(4) If the circuit court determines that the |
complainant is likely to
die before the termination of the |
proceedings under this Act, it may order
the proceedings |
expedited. When an order for expedited proceedings is
|
issued, the processing of the complainant's charge by the |
Department and
Commission shall take precedence over all |
matters except older matters of
the same character. Where |
|
such order is issued, the Department, the
Commission, any |
panel of the Commission, or any Commission hearing officer |
shall be
authorized to shorten any time period, other than |
the filing period set by Section 7A-102(A)(1). If such an |
order is issued and the
complainant is before the |
Department, the Department shall immediately
appoint an |
investigator if an investigator has not been appointed and |
shall
in 90 days either file a complaint or order that no |
complaint be issued.
If the
Department fails to make a |
determination within 90 days the complainant
shall have 30 |
days to file a his complaint with the Commission.
|
(C) Enforcement of Commission Orders. When authorized by |
this Act,
the Department, at the request of the Commission, |
may take whatever action
may be authorized for the enforcement |
of Commission orders.
|
(Source: P.A. 101-661, eff. 4-2-21.)
|
(775 ILCS 5/7B-104) (from Ch. 68, par. 7B-104)
|
Sec. 7B-104. Judicial Proceedings. (A) Temporary Relief. |
(1) At any
time after a charge is filed, the Department or |
aggrieved party may petition the
appropriate court for |
temporary relief, pending final determination of
the |
proceedings under this Act, including an order or judgment |
restraining
the respondent from doing or causing any act which |
would render
ineffectual an order which the Commission may |
enter with respect to the
aggrieved party. Whether it is |
|
brought by the Department or by the
aggrieved party, the |
petition shall contain a certification by the Director
that |
the particular matter warrants presents exceptional |
circumstances in which
irreparable injury will result from a |
civil rights violation in the
absence of temporary relief. The |
filing of a petition under this paragraph
does not affect the |
initiation or continuation of administrative
proceedings under |
Sections 7B-102 and 8B-102 Section 7A-102 and Section 8A-102 |
of this Act.
|
(2) The petition shall be filed in the circuit court for |
the county
in which the respondent resides or transacts |
business or in which the
alleged violation took place, and the |
proceedings shall be governed by Part
1 of Article XI of the |
"Code of Civil Procedure", as amended.
The Except as provided |
in subsection (A) (3), the court may grant temporary
relief or |
a temporary restraining order as it deems just and proper.
|
(3) (Blank). When the petition is based upon a civil |
rights violation as
defined in Article 3 of this Act, the |
duration of the relief or restraining
order entered by the |
court shall not exceed 5 days unless:
|
(a) A longer period is agreed to by the respondent; or
|
(b) The court finds that there is substantial evidence to
|
demonstrate that the respondent has engaged in unlawful |
discrimination.
|
(B) Enforcement of Commission Orders. When authorized by |
this Act,
the Department, at the request of the Commission, |
|
may take whatever action
may be authorized for the enforcement |
of Commission orders.
|
(Source: P.A. 86-910.)
|
(775 ILCS 5/8-103) (from Ch. 68, par. 8-103)
|
Sec. 8-103. Request for review.
|
(A) Jurisdiction. The Commission,
through a panel of 3 |
three members, shall have jurisdiction to hear and
determine |
requests for review of (1) decisions of the Department to |
dismiss
a charge; and (2) notices of default issued by the |
Department.
|
In each instance, the Department shall be the respondent. |
The respondent on the charge, in the case of dismissal, or the |
complainant, in the case of default, may file a response to the |
request for review.
|
(B) Review. When a request for review is properly filed, |
the Commission
may consider the Department's report, any |
argument and supplemental evidence
timely submitted, and the |
results of any additional investigation conducted by
the
|
Department in response to the request. In its discretion, the |
Commission
may designate a hearing officer to conduct a |
hearing into the factual basis
of the matter at issue. Within |
120 days after the effective date of this amendatory Act of the |
100th General Assembly, the Commission shall adopt rules of |
minimum standards for the contents of responses to requests |
for review, including, but not limited to, proposed statements |
|
of uncontested facts and proposed statements of the legal |
issues.
|
(C) Default Order. When a respondent fails to file a |
timely request
for review of a notice of default, or the |
default is sustained on review,
the Commission shall enter a |
default order and notify the parties that the complainant has |
the right to either commence a civil action in the appropriate |
circuit court to determine the complainant's damages or |
request that the Commission set a hearing on damages before |
one of its hearing officers. The complainant shall have 90 |
days after receipt of the Commission's default order to either |
commence a civil action in the appropriate circuit court or |
request that the Commission set a hearing on damages.
|
(D) Time Period Toll. Proceedings on requests for review |
shall toll
the time limitation established in paragraph (G) of |
Section 7A-102 from
the date on which the Department's notice |
of dismissal or default is issued until 30 days after
to the |
date
on which the Commission's order is served on the chief |
legal counsel of the Department entered.
|
(E) The changes made to this Section by Public Act 95-243 |
apply to charges or complaints filed with the Department or |
Commission on or
after the effective date of those changes. |
(F) The changes made to this Section by this amendatory |
Act of the 96th General Assembly apply to charges or |
complaints filed with the Department or Commission on or
after |
the effective date of those changes. |
|
(G) The changes made to this Section by this amendatory |
Act of the 100th General Assembly apply to charges filed or |
pending with the Department or Commission on or
after the |
effective date of this amendatory Act of the 100th General |
Assembly. |
(Source: P.A. 100-1066, eff. 8-24-18.)
|
(775 ILCS 5/8A-102) (from Ch. 68, par. 8A-102)
|
Sec. 8A-102. Hearing on Complaint.
|
(A) Services. Within five days after
a complaint is filed |
by the Department, or the aggrieved party, as the case
may be, |
the Commission shall cause it to
be served on the respondent |
together with a notice of hearing before a hearing
officer of |
the Commission at a place therein fixed.
|
(B) Time and Location of Hearing. An initial hearing date
|
shall be scheduled for not less
than 30 thirty nor more than 90 |
ninety days after service of the complaint at
a place that is |
within 100 one hundred miles of the place at which the civil
|
rights violation is alleged to have occurred. The hearing |
officer may,
for good cause shown, extend the date of the |
hearing. |
(B-5) Intervention by the Department. |
(1) After the filing of a complaint under Article 2, |
4, 5, 5A, or 6, the Department may petition and shall be |
permitted to intervene as a party in the proceeding if the |
Commission determines that: |
|
(i) the Department has an interest different from |
one or more of the parties; |
(ii) the expertise of the Department makes it |
better suited to articulate a particular point of |
view; or |
(iii) the representation of the Department's |
interest by existing parties is or may be inadequate |
and the Department will or may be bound by an order or |
judgment in the action. |
(2) The Department, as an intervenor, shall have all |
of the rights of an original party subject to the order of |
the administrative law judge. |
(3) Upon such intervention, the Commission may award |
such relief as is authorized to be granted to a |
complainant under Section 8A-104.
|
(C) Amendment.
|
(1) A complaint may be amended under oath by leave of
|
the presiding hearing officer, for good
cause shown,
upon |
timely written motion and reasonable notice to all |
interested parties
at any time prior to the
issuance of a |
recommended order pursuant to Section 8A-102(I) or
|
8B-102(J). The amended complaint shall be
served upon all |
parties of record and the Department of Human Rights by |
the
complainant, or by the Department if it prepared and |
filed the amended
complaint,
within 7 days of the date of |
the order permitting its filing or such additional
time as |
|
the hearing officer may order. Amendments to the complaint |
may
encompass
any
unlawful discrimination which is like or |
reasonably related to the charge
and growing out of the |
allegations in such charge, including, but not
limited to, |
allegations of retaliation.
|
(2) A motion that the complaint be amended to conform |
to the evidence,
made prior to the close of the public |
hearing, may be addressed orally on
the record to the |
hearing officer, and shall be granted for good and |
sufficient
cause.
|
(D) Answer.
|
(1) The respondent shall file an answer under oath or |
affirmation
to the original or amended complaint within 30 |
days of the date of service
thereof, but the hearing |
officer may, for good cause shown, grant further
time for |
the filing of an answer.
|
(2) When the respondent files a motion to dismiss the |
complaint within
30 days and the motion is denied by the |
hearing officer, the time for filing
the answer shall be |
within 15 days of the date of denial of the motion.
|
(3) Any allegation in the complaint which is not |
denied or admitted in
the answer is deemed admitted unless |
the respondent states in the answer
that the respondent he |
is without sufficient knowledge or information to form a |
belief
with respect to such allegation.
|
(4) The failure to file an answer is deemed to |
|
constitute an admission
of the allegations contained in |
the complaint.
|
(5) The respondent has the right to amend the |
respondent's his answer, upon leave of the
hearing |
officer, for good cause shown.
|
(E) Proceedings In Forma Pauperis.
|
(1) If the hearing officer is
satisfied that the |
complainant or respondent is a poor person, and unable
to |
prosecute or defend the complaint and pay the costs and |
expenses
thereof, the hearing officer may permit the party |
to commence and prosecute
or defend the action as a poor |
person. Such party shall have all the
necessary subpoenas, |
appearances, and proceedings without prepayment of
witness |
fees or charges. Witnesses shall attend as in other cases |
under
this Act and the same remedies shall be available |
for failure or refusal
to obey the subpoena as are |
provided for in Section 8-104 of this Act.
|
(2) A person desiring to proceed without payment of |
fees or charges
shall file with the hearing officer an |
affidavit stating that the person he is a poor
person and |
unable to pay costs, and that the action is meritorious.
|
(F) Discovery. The procedure for obtaining discovery of |
information from
parties and witnesses shall be specified by |
the Commission in rules. If no
rule has been promulgated by the |
Commission on a particular type of discovery,
the Code of |
Civil Procedure may be considered persuasive authority. The
|
|
types of discovery shall
be the same as in civil cases in the
|
circuit courts
of this State, provided, however, that a party |
may take discovery depositions
only upon leave of the hearing |
officer and for good cause shown.
|
(G) Hearing.
|
(1) Both the complainant and the respondent may appear |
at
the hearing and examine and cross-examine witnesses.
|
(2) The testimony taken at the hearing shall be under |
oath or affirmation
and a transcript shall be made and |
filed in the office of the Commission.
|
(3) The testimony taken at the hearing is subject to |
the same rules of
evidence that apply in courts of this |
State in civil cases.
|
(H) Compelling Appearance of Parties at Hearing. The |
appearance at
the hearing of a party or a person who at the |
time of the hearing is an
officer, director, or employee of a |
party may be required by serving the
party with a notice |
designating the person who is required to appear. The
notice |
also may require the production at the hearing of documents or
|
tangible things. If the party or person is a nonresident of the |
county,
the hearing officer may order any terms and conditions |
in connection with the party's or person's
his appearance at |
the hearing that are just, including payment of the party's or |
person's his
reasonable expenses. Upon a failure to comply |
with the notice, the hearing
officer may enter any order that |
is just.
|
|
(I) Decision.
|
(1) When all the testimony has been
taken, the hearing
|
officer shall determine whether the respondent has engaged |
in or is engaging
in the civil rights violation with |
respect to the person aggrieved as charged
in the |
complaint. A determination sustaining a complaint shall be |
based
upon a preponderance of the evidence.
|
(2) The hearing officer shall make findings of fact in |
writing and, if
the finding is against the respondent, |
shall issue and cause to be served
on the parties and the |
Department a recommended order for appropriate relief
as |
provided by this Act.
|
(3) If, upon all the evidence, the hearing officer |
finds that a respondent
has not engaged in the |
discriminatory practice charged in the complaint
or that a |
preponderance of the evidence does not sustain the |
complaint, the hearing officer
he shall state the hearing |
officer's his findings of fact and shall issue and cause |
to be served
on the parties and the Department a |
recommended order dismissing the complaint.
|
(4) The findings and recommended order of the hearing |
officer shall be
filed
with the Commission. The findings |
and recommended order may
be authored by a hearing officer |
other than the hearing officer who
presides at the public |
hearing if:
|
(a) the hearing officer who presides at the public |
|
hearing is unable
to
author the findings and |
recommended order by reason of death, disability, or
|
separation from employment; and
|
(b) all parties to a complaint file a joint motion
|
agreeing to have
the findings and recommended order |
written by a hearing
officer
who did not preside at the |
public hearing.
|
(5) A recommended order dismissing a complaint may |
include an award of
reasonable attorneys fees in favor of |
the respondent against the complainant
or
the |
complainant's attorney, or both, if the hearing officer
|
concludes that the complaint was frivolous, unreasonable |
or groundless or
that the complainant continued to |
litigate after it became clearly so.
|
(6) The hearing officer may issue a recommended order |
of dismissal with
prejudice or a recommended order of |
default as a sanction for the failure of a
party to |
prosecute the party's his or her case, file a required |
pleading, appear at a
hearing, or otherwise comply with |
this Act, the rules of the Commission, or a
previous order |
of the hearing officer.
|
(Source: P.A. 92-472, eff. 1-1-02.)
|
(775 ILCS 5/10-101) (from Ch. 68, par. 10-101)
|
Sec. 10-101. Applicability. With the exception of Sections |
Section 10-104 and 10-105, this Article shall apply solely to |
|
civil
actions arising under Article 3 of this Act.
|
(Source: P.A. 93-1017, eff. 8-24-04.)
|
(775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
|
Sec. 10-102. Court Actions. |
(A) Circuit Court Actions. |
(1) An
aggrieved party may commence a civil action in |
an appropriate Circuit
Court not later than 2 years after |
the occurrence or the termination of an
alleged civil |
rights violation or the breach of a conciliation or
|
settlement agreement entered into under this Act, |
whichever occurs last,
to obtain appropriate relief with |
respect to the alleged civil rights violation
or breach. |
The plaintiff or defendant may demand trial by jury for |
civil actions brought under this subsection. Venue for |
such civil action shall be determined under Section |
8-111(A)(1).
|
(2) The computation of such 2-year period shall not |
include any time
during which an administrative proceeding |
under this Act was pending with
respect to a complaint or |
charge under this Act based upon the alleged
civil rights |
violation. This paragraph does not apply to
actions |
arising from a breach of a conciliation or settlement |
agreement.
|
(3) An aggrieved party may commence a civil action |
under this
subsection whether or not a charge has been |
|
filed under Section 7B-102 and
without regard to the |
status of any such charge, however, if the Department or
|
local agency has obtained a conciliation or settlement |
agreement with the
consent of an aggrieved party, no |
action may be filed under this subsection
by such |
aggrieved party with respect to the alleged civil rights |
violation
practice which forms the basis for such |
complaint except for the purpose of
enforcing the terms of |
such conciliation or settlement agreement.
|
(4) An aggrieved party shall not commence a civil |
action under this
subsection with respect to an alleged |
civil rights violation which
forms the basis of a |
complaint issued by the Department if a
hearing officer |
has commenced a hearing on the record under
Article 3 of |
this Act with respect to such complaint.
|
(B) Appointment of Attorney by Court. Upon application by |
a person
alleging a civil rights violation or a person against |
whom
the civil rights violation is alleged, if in the opinion |
of the court such
person is financially unable to bear the |
costs of such action, the court may:
|
(1) appoint an attorney for such person, any attorney |
so appointed may
petition for an award of attorneys fees |
pursuant to subsection (C)(2) of this Section; or
|
(2) authorize the commencement or continuation of a |
civil action under
subsection (A) without the payment of |
fees, costs, or security.
|
|
(C) Relief which may be granted. |
(1) In a civil action under
subsection (A) if the |
court finds that a civil rights violation
has occurred or |
is about to occur, the court may award to the plaintiff
|
actual and punitive damages, and may grant as relief, as |
the court deems
appropriate, any permanent or preliminary |
injunction, temporary restraining
order, or other order, |
including an order enjoining the defendant from
engaging |
in such civil rights violation or ordering such |
affirmative action
as may be appropriate.
|
(2) In a civil action under subsection (A), the court, |
in its
discretion, may allow the prevailing party, other |
than the State of
Illinois, reasonable attorneys fees and |
costs.
The State of Illinois shall be liable for such fees |
and costs to the same
extent as a private person.
|
(D) Intervention by the Attorney General By The |
Department. If the Department certifies that the case is of |
general public importance, the The Attorney General of |
Illinois
may seek to intervene on behalf of the Department in a |
civil action filed by a complainant in State or federal court |
under this Section if the Department certifies that
the case |
is of general public importance. Upon such intervention, the |
court
may award any of the remedies set forth in Section 8B-104 |
and subsection (B) of Section 10-104 such relief as is |
authorized to be granted to a plaintiff in a
civil action under |
Section 10-102(C).
|
|
(Source: P.A. 101-661, eff. 4-2-21; 102-706, eff. 4-22-22.)
|
(775 ILCS 5/10-105 new) |
Sec. 10-105. Intervention by the Attorney General. If the |
Department certifies that the case is of general public |
importance, the Attorney General may seek to intervene on |
behalf of the Department in a civil action filed by a |
complainant in State or federal court under Section 7A-102. |
Upon such intervention, the court or jury may award any of the |
remedies set forth in Section 8A-104 and subsection (B) of |
Section 10-104.
|
