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| Public Act 101-0530
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| SB0220 Enrolled | LRB101 07990 LNS 53047 b |
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AN ACT concerning civil law.
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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 7B-102, 8-101, and 10-103 as follows:
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(775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
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Sec. 7B-102. Procedures.
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(A) Charge.
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(1) Within one year after the
date that a civil rights |
violation allegedly has been committed or terminated,
a |
charge in writing under oath or affirmation may be filed |
with the
Department by an aggrieved party or issued by the |
Department itself
under the signature of the Director.
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(2) The charge shall be in such detail as to |
substantially apprise
any party properly concerned as to |
the time, place, and facts
surrounding the alleged civil |
rights violation.
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(B) Notice and Response to Charge.
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(1) The Department shall serve
notice upon the |
aggrieved party acknowledging such charge and advising the
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aggrieved party of the time limits and choice of forums |
provided under this
Act. The Department shall, within 10 |
days of the date on which the charge
was filed or the |
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identification of an additional respondent under paragraph
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(2) of this subsection, serve on the respondent a copy of |
the charge along with a notice
identifying the alleged |
civil rights violation and advising the
respondent of the |
procedural rights and obligations of respondents under
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this Act and may 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 30 days and
shall serve a copy of its |
response on the complainant or his or her
representative. |
Notwithstanding
any request from the Department, the |
respondent may elect
to file a response to the charge |
within 30 days of receipt
of notice of the charge, provided |
the respondent serves a copy of its response on the |
complainant or his or her representative. All allegations |
contained in the charge
not denied by the respondent within |
30 days after 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 30 days 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 10 days of the date |
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he or she
receives the respondent's response, the |
complainant may file his or her reply to
said response. If |
he or she chooses to file a reply, the complainant shall |
serve
a copy of said reply on the respondent or his or her |
representative. A party may
supplement his or her response |
or reply at any time that
the investigation of the charge |
is pending.
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(2) A person who is not named as a respondent in a |
charge, but who is
identified as a respondent in the course |
of investigation, may be joined as
an additional or |
substitute respondent upon written notice, under |
subsection
(B), to such person, from the Department.
Such |
notice, in addition to meeting the requirements of |
subsections (A)
and (B), shall explain the basis for the |
Department's belief that a person
to whom the notice is |
addressed is properly joined as a respondent.
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(C) Investigation.
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(1) The Department shall conduct a full investigation
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of the allegations set forth in the charge and complete |
such investigation
within 100 days after the filing of the |
charge, unless it is impracticable to
do so. The |
Department's failure to complete the investigation within |
100 days after the proper filing of the charge does not |
deprive the Department of jurisdiction over the charge.
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(2) If the Department is unable to complete the |
investigation within 100
days after the charge is filed, |
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the Department shall notify the complainant
and respondent |
in writing of the reasons for not doing so.
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(3) The Director or his or her designated |
representative shall have
authority to request any member |
of the Commission to issue subpoenas to
compel the |
attendance of a witness or the production for
examination |
of any books, records or documents whatsoever.
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(4) If any witness whose testimony is required for any |
investigation
resides outside the State, or through |
illness or any other good cause as
determined by the |
Director is unable to be interviewed by the investigator
or |
appear at a fact finding conference, his or her testimony |
or deposition
may be taken, within or without the State, in |
the same manner as
provided for in the taking of |
depositions in civil cases in circuit courts.
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(5) Upon reasonable notice to the complainant and the |
respondent,
the Department may shall conduct a fact finding |
conference, unless prior to
100 days from the date on which |
the charge was filed, the Director has
determined whether |
there is substantial evidence that the alleged civil
rights |
violation has been committed or the parties voluntarily and |
in writing agree to waive the fact finding conference. When |
requested by the Department, a A party's failure to attend |
the
conference
without good cause may result in dismissal |
or default. A notice of dismissal
or default shall be |
issued by the Director and shall notify the relevant
party |
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that a request for review may be filed in writing with the |
Commission
within 30 days of receipt of notice of dismissal |
or default.
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(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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The report shall contain:
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(a) the names and dates of contacts with witnesses;
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(b) a summary and the date of correspondence and |
other contacts with the
aggrieved party and the |
respondent;
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(c) a summary description of other pertinent |
records;
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(d) a summary of witness statements; and
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(e) answers to questionnaires.
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A final report under this paragraph may be amended if |
additional evidence
is later discovered.
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(2) Upon review of the report and within 100 days of |
the filing of the
charge, unless it is impracticable
to do |
so, the Director shall determine whether there is |
substantial
evidence that the alleged civil rights |
violation has been committed or is
about to be committed.
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If the Director is unable to make the determination within |
100 days after
the filing of the charge, the Director shall |
notify the complainant and
respondent in writing of the |
reasons for not doing so. The Director's failure to make |
the determination within 100 days after the proper filing |
of the charge does not deprive the Department of |
jurisdiction over the charge.
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(a) If the Director determines that there is no |
substantial
evidence, the charge shall be dismissed |
and the aggrieved party notified
that he or she may |
seek review of the dismissal order before the
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Commission. The aggrieved party shall have 90 days from |
receipt of notice
to file a request for review by the |
Commission. The
Director shall make
public disclosure |
of each such dismissal.
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(b) If the Director determines that there is |
substantial evidence, he or
she shall immediately |
issue a complaint on behalf of the aggrieved party
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pursuant to subsection (F).
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(E) Conciliation.
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(1) During the period beginning with the filing of
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charge and ending with the filing of a complaint or a |
dismissal by the
Department, the Department shall, to the |
extent feasible, engage in
conciliation with respect to |
such charge.
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When the Department determines that a formal
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conciliation conference is feasible, the aggrieved party |
and respondent
shall be notified of the time and place of |
the conference by registered
or certified mail at least 7 |
days prior thereto and either or both
parties shall appear |
at the conference in person or by attorney.
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(2) The place fixed for the conference shall be within |
35 miles of
the place where the civil rights violation is |
alleged to have been
committed.
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(3) Nothing occurring at the conference shall be made |
public or used as
evidence in a subsequent proceeding for |
the purpose of proving a violation
under this Act unless |
the complainant and respondent agree in writing that
such |
disclosure be made.
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(4) A conciliation agreement arising out of such |
conciliation shall be
an agreement between the respondent |
and the complainant, and shall be
subject to approval by |
the Department and Commission.
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(5) A conciliation agreement may provide for binding |
arbitration of the
dispute arising from the charge. Any |
such arbitration that results from a
conciliation |
agreement may award appropriate relief, including monetary |
relief.
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(6) Each conciliation agreement shall be made public |
unless the
complainant and respondent otherwise agree and |
the Department determines
that disclosure is not required |
to further the purpose of this Act.
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(F) Complaint.
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(1) When there is a failure to settle or adjust any
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charge through a conciliation conference and the charge is |
not dismissed,
the Department shall prepare a
written |
complaint, under oath or affirmation, stating the nature of |
the
civil rights violation and the relief sought on behalf |
of the aggrieved
party. Such complaint shall be based on |
the final investigation report and
need not be limited to |
the facts or grounds alleged in the charge filed
under |
subsection (A).
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(2) The complaint shall be filed with the Commission.
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(3) The Department may not issue a complaint under this |
Section
regarding an alleged civil rights violation after |
the beginning of
the trial of a civil action commenced by |
the aggrieved party under any
State or federal law, seeking |
relief with respect to that alleged civil rights
violation.
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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 100 days thereof, |
unless it is
impracticable to do so,
shall either issue and |
file a complaint in the manner and form set forth in
this |
Section or shall order that no complaint be issued. Any |
such order
shall be duly served upon both the aggrieved |
party and the respondent. The Department's failure to |
either issue and file a complaint or order that no |
complaint be issued within 100 days after the proper filing |
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of the charge does not deprive the Department of |
jurisdiction over the charge.
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(2) The Director shall make available to the aggrieved |
party
and the respondent, at any time, upon request |
following completion of the
Department's investigation, |
information derived from an investigation and
any final |
investigative report relating to that investigation.
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(H) This amendatory Act of 1995 applies to causes of action |
filed on or
after
January 1, 1996.
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(I) The changes made to this Section by Public Act 95-243 |
apply to charges filed on or
after the effective date of those |
changes. |
(J) The changes made to this Section by this amendatory Act |
of the 96th General Assembly apply to charges filed on or
after |
the effective date of those changes. |
(Source: P.A. 100-492, eff. 9-8-17; 100-1066, eff. 8-24-18.)
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(775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
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Sec. 8-101. Illinois Human Rights Commission.
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(A) Creation; appointments. The Human Rights Commission is |
created to consist
of 7 members appointed by the Governor with |
the advice and consent of the
Senate. No more than 4 members |
shall be of the same political party. The
Governor shall |
designate one member as chairperson. All appointments shall
be |
in writing and filed with the Secretary of State as a public |
record.
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(B) Terms. Of the members first appointed, 4 shall be |
appointed for a
term to expire on the third Monday of January, |
2021, and 3 (including the
Chairperson) shall be appointed for |
a term to expire on the third Monday
of January, 2023.
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Notwithstanding any provision of this Section to the |
contrary, the term
of office of each member of the Illinois |
Human Rights Commission is
abolished on January 19, 2019. |
Incumbent members holding a position on the Commission that was |
created by Public Act 84-115 and whose terms, if not for this |
amendatory Act of the 100th General Assembly, would have |
expired January 18, 2021 shall continue to exercise all of the |
powers and be
subject to all of the duties of members of the |
Commission until June 30, 2019 or until
their respective |
successors are appointed and qualified, whichever is earlier.
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Thereafter, each member shall serve for a term of 4 years
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and until his or her successor is appointed and qualified; |
except that any
member chosen to fill a vacancy occurring |
otherwise than by expiration of
a term shall be appointed only |
for the unexpired term of the member whom
he or she shall |
succeed and until his or her successor is appointed and
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qualified.
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(C) Vacancies. |
(1) In the case of vacancies on the Commission during
a |
recess of the Senate, the Governor shall make a temporary |
appointment
until the next meeting of the Senate when he or |
she shall appoint a person
to fill the vacancy. Any person |
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so nominated and confirmed by the Senate
shall hold office |
for the remainder of the term and until his or her |
successor
is appointed and qualified.
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(2) If the Senate is not in session at the time this |
Act takes effect,
the Governor shall make temporary |
appointments to the Commission as in the
case of vacancies.
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(3) Vacancies in the Commission shall not impair the |
right of the remaining
members to exercise all the powers |
of the Commission. Except when authorized
by this Act to |
proceed through a 3 member panel, a majority of the members
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of the Commission then in office shall constitute a quorum.
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(D) Compensation. On and after January 19, 2019, the |
Chairperson of the Commission shall be compensated
at the rate |
of $125,000 per year, or as set by the Compensation Review
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Board, whichever is greater, during his or her service as |
Chairperson,
and each other member shall be compensated at the |
rate of $119,000 per
year, or as set by the Compensation Review |
Board, whichever is greater.
In addition, all members of the |
Commission shall be reimbursed for expenses
actually and |
necessarily incurred by them
in the performance of their |
duties.
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(E) Notwithstanding the general supervisory authority of |
the Chairperson, each commissioner, unless appointed to the |
special temporary panel created under subsection (H), has the |
authority to hire and supervise a staff attorney. The staff |
attorney shall report directly to the individual commissioner. |
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(F) A formal training program for newly appointed |
commissioners shall be implemented. The training program shall |
include the following: |
(1) substantive and procedural aspects of the office of |
commissioner; |
(2) current issues in employment and housing |
discrimination and public accommodation law and practice; |
(3) orientation to each operational unit of the
Human |
Rights Commission; |
(4) observation of experienced hearing officers and |
commissioners conducting hearings of cases, combined with |
the opportunity to discuss evidence presented and rulings |
made; |
(5) the use of hypothetical cases requiring the
newly |
appointed commissioner to issue judgments as a means of |
evaluating knowledge and writing ability; |
(6) writing skills; and |
(7) professional and ethical standards. |
A formal and ongoing professional development program |
including, but not limited to, the above-noted areas shall be |
implemented to keep commissioners informed of recent |
developments and issues and to assist them in maintaining and |
enhancing their professional competence. Each commissioner |
shall complete 20 hours of training in the above-noted areas |
during every 2 years the commissioner remains in office. |
(G) Commissioners must meet one of the following |
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qualifications: |
(1) licensed to practice law in the State of Illinois; |
(2) at least 3 years of experience as a hearing officer |
at the Human Rights Commission; or |
(3) at least 4 years of professional experience working |
for or dealing with individuals or corporations affected by |
this Act or similar laws in other jurisdictions, including, |
but not limited to, experience with a civil rights advocacy |
group, a fair housing group, a trade association, a union, |
a law firm, a legal aid organization, an employer's human |
resources department, an employment discrimination |
consulting firm, or a municipal human relations agency. |
The Governor's appointment message, filed with the |
Secretary of State and transmitted to the Senate, shall state |
specifically how the experience of a nominee for commissioner |
meets the requirement set forth in this subsection. The |
Chairperson must have public or private sector management and |
budget experience, as determined by the Governor. |
Each commissioner shall devote full time to his or her |
duties and any commissioner who is an attorney shall not engage |
in the practice of law, nor shall any commissioner hold any |
other office or position of profit under the United States or |
this State or any municipal corporation or political |
subdivision of this State, nor engage in any other business, |
employment, or vocation. |
(H) Notwithstanding any other provision of this Act, the |
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Governor shall appoint, by and with the consent of the Senate, |
a special temporary panel of commissioners comprised of 3 |
members. The members shall hold office until the Commission, in |
consultation with the Governor, determines that the caseload of |
requests for review has been reduced sufficiently to allow |
cases to proceed in a timely manner, or for a term of 18 months |
from the date of appointment by the Governor, whichever is |
earlier. Each of the 3 members shall have only such rights and |
powers of a commissioner necessary to dispose of the cases |
assigned to the special panel. Each of the 3 members appointed |
to the special panel shall receive the same salary as other |
commissioners for the duration of the panel. The panel shall |
have the authority to hire and supervise a staff attorney who |
shall report to the panel of commissioners. |
(Source: P.A. 99-642, eff. 7-28-16; 100-1066, eff. 8-24-18.)
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(775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
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Sec. 10-103. Circuit Court Actions Pursuant To Election. |
(A) If an
election is made under Section 8B-102, the Department |
shall authorize and
not later than 30 days after the entry of |
the administrative closure order by the Commission election is |
made the Attorney General
shall commence and maintain a civil |
action on behalf of the aggrieved
party in a circuit court of |
Illinois seeking relief under this Section.
Venue for such |
civil action shall be determined under Section 8-111(B)(6).
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(B) Any aggrieved party with respect to the issues to be |
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determined in
a civil action under this Section may intervene |
as of right in that civil action.
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(C) In a civil action under this Section, if the court |
finds that a
civil rights violation
has occurred or is about to |
occur the court may grant as relief any relief
which a court |
could grant with respect to such civil rights violation
in a |
civil action under Section 10-102. Any relief so granted that
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would accrue to an aggrieved party in a civil action commenced |
by that
aggrieved party under Section 10-102 shall also accrue |
to that aggrieved
party in a civil action under this Section. |
If monetary relief is
sought for the benefit of an aggrieved |
party who does not intervene in the
civil action, the court |
shall not award such relief if that aggrieved
party has not |
complied with discovery orders entered by the court.
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(Source: P.A. 86-910.)
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