Bill Text: IL HB4821 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Human Rights Act. Authorizes an aggrieved party to commence a civil action in the appropriate circuit court within 300 calendar days after the date that a civil rights violation allegedly has been committed.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4821 Detail]

Download: Illinois-2023-HB4821-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4821 Introduced 2/6/2024, by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
775 ILCS 5/7A-102 from Ch. 68, par. 7A-102
Amends the Illinois Human Rights Act. Authorizes an aggrieved party to commence a civil action in the appropriate circuit court within 300 calendar days after the date that a civil rights violation allegedly has been committed.
LRB103 37939 JRC 68071 b
A BILL FOR
HB4821 LRB103 37939 JRC 68071 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Section 7A-102 as follows:
(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
Sec. 7A-102. Procedures.
(A) Charge.
(1) Within 300 calendar days after the date that a
civil rights violation allegedly has been committed, a
charge in writing under oath or affirmation may be filed
with the Department by an aggrieved party or issued by the
Department itself under the signature of the Director or
the aggrieved party may commence a civil action in the
appropriate circuit court.
(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.
(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.

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(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
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

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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 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 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

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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
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

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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
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

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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.
(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.
(B) Notice and Response to Charge. The Department shall,
within 10 days of the date on which the charge was filed, serve
a copy of the charge on the respondent 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 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
representative. All allegations contained in the charge 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. 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 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 representative. A party shall have the right to
supplement the party's 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

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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) of paragraph (G) or by the
Department pursuant to subparagraph (1) of paragraph (G).
(B-1) Mediation. The complainant and respondent may agree
to voluntarily submit the charge to mediation without waiving
any rights that are otherwise available to either party
pursuant to this Act and without incurring any obligation to
accept the result of the mediation process. Nothing occurring
in mediation shall be disclosed by the Department or
admissible in evidence in any subsequent proceeding unless the
complainant and the respondent agree in writing that such
disclosure be made.
(C) Investigation.
(1) The Department shall conduct an investigation

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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).
(2) The Director or the Director's designated
representatives shall have authority to request any member
of the Commission to issue subpoenas to compel the
attendance of a witness or the production for examination
of any books, records or documents whatsoever.
(3) If any witness whose testimony is required for any
investigation resides outside the State, or through
illness or any other good cause as determined by the
Director is unable to be interviewed by the investigator
or appear at a fact finding conference, the witness'
testimony or deposition may be taken, within or without
the State, in the same manner as is provided for in the
taking of depositions in civil cases in circuit courts.
(4) Upon reasonable notice to the complainant and the
respondent, the Department shall conduct a fact finding
conference, unless prior to 365 days after the date on
which the charge was filed the Director has determined
whether there is substantial evidence that the alleged
civil rights violation has been committed, the charge has
been dismissed for lack of jurisdiction, or the parties
voluntarily and in writing agree to waive the fact finding
conference. Any party's failure to attend the conference

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without good cause shall result in dismissal or default.
The term "good cause" shall be defined by rule promulgated
by the Department. A notice of dismissal or default shall
be issued by the Director. The notice of default issued by
the Director shall notify the respondent that a request
for review may be filed in writing with the Commission
within 30 days of receipt of notice of default. The notice
of dismissal issued by the Director shall give the
complainant notice of the complainant's right to seek
review of the dismissal before the Human Rights Commission
or commence a civil action in the appropriate circuit
court. If the complainant chooses to have the Human Rights
Commission review the dismissal order, the complainant
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 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 must do so within 90 days after receipt of the
Director's notice.
(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

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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 that a complaint
has been filed with the appropriate circuit court 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 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 may not
file or refile a substantially similar charge with the
Department arising from the same incident of unlawful
discrimination or harassment.
(D) Report.
(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.
(2) Upon review of the report, the Director shall
determine whether there is substantial evidence that the
alleged civil rights violation has been committed. The
determination of substantial evidence is limited to
determining the need for further consideration of the
charge pursuant to this Act and includes, but is not
limited to, findings of fact and conclusions, as well as
the reasons for the determinations on all material issues.
Substantial evidence is evidence which a reasonable mind
accepts as sufficient to support a particular conclusion
and which consists of more than a mere scintilla but may be
somewhat less than a preponderance.
(3) If the Director determines that there is no
substantial evidence, the charge shall be dismissed by the
Director and the Director shall give the complainant
notice of the complainant's right to seek review of the
notice of dismissal before the Commission or commence a
civil action in the appropriate circuit court. If the
complainant chooses to have the Human Rights Commission
review the notice of dismissal, the complainant 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 may not later commence a civil action in a

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circuit court. If the complainant chooses to commence a
civil action in a circuit court, the complainant 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
legal counsel shall not be construed to be jurisdictional.
(4) If the Director determines that there is
substantial evidence, the Director 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 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 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 behalf. If the

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complainant fails to timely request that the Department
file the complaint, the complainant may file the
complainant's 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 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.
(E) Conciliation.
(1) When there is a finding of substantial evidence,
the Department may designate a Department employee who is
an attorney licensed to practice in Illinois to endeavor
to eliminate the effect of the alleged civil rights
violation and to prevent its repetition by means of
conference and conciliation.
(2) When the Department determines that a formal
conciliation conference is necessary, the complainant and
respondent shall be notified of the time and place of the
conference by registered or certified mail at least 10
days prior thereto and either or both parties shall appear
at the conference in person or by attorney.
(3) The place fixed for the conference shall be within

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35 miles of the place where the civil rights violation is
alleged to have been committed.
(4) Nothing occurring at the conference shall be
disclosed by the Department unless the complainant and
respondent agree in writing that such disclosure be made.
(5) The Department's efforts to conciliate the matter
shall not stay or extend the time for filing the complaint
with the Commission or the circuit court.
(F) Complaint.
(1) When the complainant requests that the Department
file a complaint with the Commission on the complainant's
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 in
the circuit court in the county wherein the civil
rights violation was allegedly committed.
(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.
(G) Time Limit.
(1) When a charge of a civil rights violation has been
properly filed, the Department, within 365 days thereof or
within any extension of that period agreed to in writing
by all parties, shall issue its report as required by
subparagraph (D). Any such report shall be duly served
upon both the complainant and the respondent.
(2) If the Department has not issued its report within
365 days after the charge is filed, or any such longer
period agreed to in writing by all the parties, the
complainant shall have 90 days to either file the

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complainant's own complaint with the Human Rights
Commission or commence a civil action in the appropriate
circuit court. If the complainant files a complaint with
the Commission, the form of the complaint shall be in
accordance with the provisions of paragraph (F)(1). If the
complainant commences a civil action in a circuit court,
the form of the complaint shall be in accordance with the
Code of Civil Procedure. The aggrieved party 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 with 21 days from the 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 may
not later commence a civil action in circuit court.
(3) If an aggrieved party files a complaint with the
Human Rights Commission or commences a civil action in
circuit court pursuant to paragraph (2) of this
subsection, or if the time period for filing a complaint
has expired, the Department shall immediately cease its
investigation and dismiss the charge of civil rights
violation. Any final order entered by the Commission under
this Section is appealable in accordance with paragraph
(B)(1) of Section 8-111. Failure to immediately cease an
investigation and dismiss the charge of civil rights

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