Bill Text: IL SB1122 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Illinois Human Rights Act. Makes a technical change in a Section concerning the Human Rights Commission.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2011-08-26 - Public Act . . . . . . . . . 97-0596 [SB1122 Detail]

Download: Illinois-2011-SB1122-Chaptered.html

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Public Act 097-0596
SB1122 Enrolled LRB097 04838 AJO 44877 b
AN ACT concerning human rights.
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 Sections 2-102 and 7A-102 as follows:
(775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
Sec. 2-102. Civil Rights Violations - Employment. It is a
civil rights violation:
(A) Employers. For any employer to refuse to hire, to
segregate, or to act with respect to recruitment, hiring,
promotion, renewal of employment, selection for training or
apprenticeship, discharge, discipline, tenure or terms,
privileges or conditions of employment on the basis of unlawful
discrimination or citizenship status.
(A-5) Language. For an employer to impose a restriction
that has the effect of prohibiting a language from being spoken
by an employee in communications that are unrelated to the
employee's duties.
For the purposes of this subdivision (A-5), "language"
means a person's native tongue, such as Polish, Spanish, or
Chinese. "Language" does not include such things as slang,
jargon, profanity, or vulgarity.
(B) Employment Agency. For any employment agency to fail or

refuse to classify properly, accept applications and register
for employment referral or apprenticeship referral, refer for
employment, or refer for apprenticeship on the basis of
unlawful discrimination or citizenship status or to accept from
any person any job order, requisition or request for referral
of applicants for employment or apprenticeship which makes or
has the effect of making unlawful discrimination or
discrimination on the basis of citizenship status a condition
of referral.
(C) Labor Organization. For any labor organization to
limit, segregate or classify its membership, or to limit
employment opportunities, selection and training for
apprenticeship in any trade or craft, or otherwise to take, or
fail to take, any action which affects adversely any person's
status as an employee or as an applicant for employment or as
an apprentice, or as an applicant for apprenticeships, or
wages, tenure, hours of employment or apprenticeship
conditions on the basis of unlawful discrimination or
citizenship status.
(D) Sexual Harassment. For any employer, employee, agent of
any employer, employment agency or labor organization to engage
in sexual harassment; provided, that an employer shall be
responsible for sexual harassment of the employer's employees
by nonemployees or nonmanagerial and nonsupervisory employees
only if the employer becomes aware of the conduct and fails to
take reasonable corrective measures.

(E) Public Employers. For any public employer to refuse to
permit a public employee under its jurisdiction who takes time
off from work in order to practice his or her religious beliefs
to engage in work, during hours other than such employee's
regular working hours, consistent with the operational needs of
the employer and in order to compensate for work time lost for
such religious reasons. Any employee who elects such deferred
work shall be compensated at the wage rate which he or she
would have earned during the originally scheduled work period.
The employer may require that an employee who plans to take
time off from work in order to practice his or her religious
beliefs provide the employer with a notice of his or her
intention to be absent from work not exceeding 5 days prior to
the date of absence.
(F) Training and Apprenticeship Programs. For any
employer, employment agency or labor organization to
discriminate against a person on the basis of age in the
selection, referral for or conduct of apprenticeship or
training programs.
(G) Immigration-Related Practices.
(1) for an employer to request for purposes of
satisfying the requirements of Section 1324a(b) of Title 8
of the United States Code, as now or hereafter amended,
more or different documents than are required under such
Section or to refuse to honor documents tendered that on
their face reasonably appear to be genuine; or

(2) for an employer participating in the Basic Pilot
Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
Programs for Employment Eligibility Confirmation (enacted
by PL 104-208, div. C title IV, subtitle A) to refuse to
hire, to segregate, or to act with respect to recruitment,
hiring, promotion, renewal of employment, selection for
training or apprenticeship, discharge, discipline, tenure
or terms, privileges or conditions of employment without
following the procedures under the Basic Pilot Program.
(H) Pregnancy; peace officers and fire fighters. For a
public employer to refuse to temporarily transfer a pregnant
female peace officer or pregnant female fire fighter to a less
strenuous or hazardous position for the duration of her
pregnancy if she so requests, with the advice of her physician,
where that transfer can be reasonably accommodated. For the
purposes of this subdivision (H), "peace officer" and "fire
fighter" have the meanings ascribed to those terms in Section 3
of the Illinois Public Labor Relations Act.
It is not a civil rights violation for an employer to take
any action that is required by Section 1324a of Title 8 of the
United States Code, as now or hereafter amended.
(I) Pregnancy. For an employer to refuse to hire, to
segregate, or to act with respect to recruitment, hiring,
promotion, renewal of employment, selection for training or
apprenticeship, discharge, discipline, tenure or terms,
privileges or conditions of employment on the basis of

pregnancy, childbirth, or related medical conditions. Women
affected by pregnancy, childbirth, or related medical
conditions shall be treated the same for all employment-related
purposes, including receipt of benefits under fringe benefit
programs, as other persons not so affected but similar in their
ability or inability to work.
(Source: P.A. 95-25, eff. 1-1-08; 95-137, eff. 1-1-08; 95-876,
eff. 8-21-08.)
(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
Sec. 7A-102. Procedures.
(A) Charge.
(1) Within 180 days after the date that a civil rights
violation allegedly has been committed, a charge in writing
under oath or affirmation may be filed with the Department
by an aggrieved party or issued by the Department itself
under the signature of the Director.
(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.
(1) If a A charge is filed with the Equal Employment

Opportunity Commission (EEOC) within 180 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. Equal Employment Opportunity Commission.
Upon receipt of a charge filed with the Equal Employment
Opportunity Commission, the Department shall notify the
complainant that he or she may proceed with the Department.
The complainant must notify the Department of his or her
decision in writing within 35 days of receipt of the
Department's notice to the complainant and the Department
shall close the case if the complainant does not do so. If
the complainant proceeds with the Department, If the EEOC
is the governmental agency designated to investigate the
charge first, the Department shall take no action until the
EEOC Equal Employment Opportunity Commission makes a
determination on the charge and after the complainant
notifies the Department of the EEOC's determination. In
such cases, after receiving notice from the EEOC that a
charge was filed, the Department shall notify the parties
that (i) a charge has been received by the EEOC and has
been sent to the Department for dual filing purposes; (ii)
the EEOC is the governmental agency responsible for
investigating the charge and that the investigation shall
be conducted pursuant to the rules and procedures adopted
by the EEOC; (iii) it will take no action on the charge
until the EEOC issues its determination; (iv) the

complainant must submit a copy of the EEOC's determination
within 30 days after service of the determination by the
EEOC on complainant; and (v) that the time period to
investigate the charge contained in subsection (G) of this
Section is tolled from the date on which the charge is
filed with the EEOC until the EEOC issues its
determination. Upon receipt of the Equal Employment
Opportunity Commission's determination, the Department
shall cause the charge to be filed under oath or
affirmation and to be in such detail as provided for under
subparagraph (2) of paragraph (A).
(2) If the EEOC finds reasonable cause to believe that
there has been a violation of federal law and if the
Department is timely notified of the EEOC's findings by
complainant, the Department shall notify complainant that
the Department has adopted the EEOC's determination of
reasonable cause and that complainant has the right, within
90 days after receipt of the Department's notice, to either
file his or her own complaint with the Illinois Human
Rights Commission or commence a civil action in the
appropriate circuit court or other appropriate court of
competent jurisdiction. The Department's notice to
complainant that the Department has adopted the EEOC's
determination of reasonable cause shall constitute the
Department's Report for purposes of subparagraph (D) of
this Section.

(3) For those charges alleging violations within the
jurisdiction of both the EEOC and the Department and for
which the EEOC either (i) does not issue a determination,
but does issue the complainant a notice of a right to sue,
including when the right to sue is issued at the request of
the complainant, or (ii) determines that it is unable to
establish that illegal discrimination has occurred and
issues the complainant a right to sue notice, and if the
Department is timely notified of the EEOC's determination
by complainant, the Department shall notify the parties
that the Department will adopt the EEOC's determination as
a dismissal for lack of substantial evidence unless the
complainant requests in writing within 35 days after
receipt of the Department's notice that the Department
review the EEOC's determination.
(a) If the complainant does not file a written
request with the Department to review the EEOC's
determination within 35 days after receipt of the
Department's notice, the Department shall notify
complainant that the decision of the EEOC has been
adopted by the Department as a dismissal for lack of
substantial evidence and that the complainant has the
right, within 90 days after receipt of the Department's
notice, to commence a civil action in the appropriate
circuit court or other appropriate court of competent
jurisdiction. The Department's notice to complainant

that the Department has adopted the EEOC's
determination shall constitute the Department's report
for purposes of subparagraph (D) of this Section.
(b) If the complainant does file a written request
with the Department to review the EEOC's
determination, the Department shall review the EEOC's
determination and any evidence obtained by the EEOC
during its investigation. If, after reviewing the
EEOC's determination and any evidence obtained by the
EEOC, the Department determines there is no need for
further investigation of the charge, the Department
shall issue a report and the Director shall determine
whether there is substantial evidence that the alleged
civil rights violation has been committed pursuant to
subsection (D) of Section 7A-102. If, after reviewing
the EEOC's determination and any evidence obtained by
the EEOC, the Department determines there is a need for
further investigation of the charge, the Department
may conduct any further investigation it deems
necessary. After reviewing the EEOC's determination,
the evidence obtained by the EEOC, and any additional
investigation conducted by the Department, the
Department shall issue a report and the Director shall
determine whether there is substantial evidence that
the alleged civil rights violation has been committed
pursuant to subsection (D) of Section 7A-102 of this

Act.
(4) Pursuant to this Section, if the EEOC dismisses the
charge or a portion of the charge of discrimination
because, under federal law, the EEOC lacks jurisdiction
over the charge, and if, under this Act, the Department has
jurisdiction over the charge of discrimination, the
Department shall investigate the charge or portion of the
charge dismissed by the EEOC for lack of jurisdiction
pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
(E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of
this Act.
(5) The time limit set out in subsection (G) of this
Section is tolled from the date on which the charge is
filed with the EEOC to the date on which the EEOC issues
its determination. At the Department's discretion, the
Department shall either adopt the Equal Employment
Opportunity Commission's determination or process the
charge pursuant to this Act. Adoption of the Equal
Employment Opportunity Commission's determination shall be
deemed a determination by the Department for all purposes
under this Act.
(B) Notice and Response to Charge. The Department shall,
within 10 days of the date on which the charge was filed, serve
a copy of the charge on the respondent. This period shall not
be construed to be jurisdictional. The charging party and the
respondent may each file a position statement and other

materials with the Department regarding the charge of alleged
discrimination within 60 days of receipt of the notice of the
charge. The position statements and other materials filed shall
remain confidential unless otherwise agreed to by the party
providing the information and shall not be served on or made
available to the other party during pendency of a charge with
the Department. The Department shall require the respondent to
file a verified response to the allegations contained in the
charge within 60 days of receipt of the notice of the charge.
The respondent shall serve a copy of its response on the
complainant or his representative. All allegations contained
in the charge not timely denied by the respondent shall be
deemed admitted, unless the respondent states that it is
without sufficient information to form a belief with respect to
such allegation. The Department may issue a notice of default
directed to any respondent who fails to file a verified
response to a charge within 60 days of receipt of the notice of
the charge, unless the respondent can demonstrate good cause as
to why such notice should not issue. The term "good cause"
shall be defined by rule promulgated by the Department. Within
30 days of receipt of the respondent's response, the
complainant may file a reply to said response and shall serve a
copy of said reply on the respondent or his representative. A
party shall have the right to supplement his response or reply
at any time that the investigation of the charge is pending.
The Department shall, within 10 days of the date on which the

charge was filed, and again no later than 335 days thereafter,
send by certified or registered mail written notice to the
complainant and to the respondent informing the complainant of
the complainant's right 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 this right. In the notice the
Department shall notify the complainant that the charge of
civil rights violation will be dismissed with prejudice and
with no right to further proceed if a written complaint is not
timely filed with 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) After the respondent has been notified, the

Department shall conduct a full investigation of the
allegations set forth in the charge.
(2) The Director or his or her designated
representatives shall have authority to request any member
of the Commission to issue subpoenas to compel the
attendance of a witness or the production for examination
of any books, records or documents whatsoever.
(3) If any witness whose testimony is required for any
investigation resides outside the State, or through
illness or any other good cause as determined by the
Director is unable to be interviewed by the investigator or
appear at a fact finding conference, his or her testimony
or deposition may be taken, within or without the State, in
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 prior to 365 days after the date on which the
charge was filed, unless the Director has determined
whether there is substantial evidence that the alleged
civil rights violation has been committed or the charge has
been dismissed for lack of jurisdiction. If the parties
agree in writing, the fact finding conference may be held
at a time after the 365 day limit. Any party's failure to
attend the conference without good cause shall result in
dismissal or default. The term "good cause" shall be

defined by rule promulgated by the Department. A notice of
dismissal or default shall be issued by the Director. The
notice of default issued by the Director shall notify the
respondent that a request for review may be filed in
writing with the Commission within 30 days of receipt of
notice of default. The notice of dismissal issued by the
Director shall give the complainant notice of his or her
right to seek review of the dismissal before the Human
Rights Commission or commence a civil action in the
appropriate circuit court. If the complainant chooses to
have the Human Rights Commission review the dismissal
order, he or she shall file a request for review with the
Commission within 90 days after receipt of the Director's
notice. If the complainant chooses to file a request for
review with the Commission, he or she may not later
commence a civil action in a circuit court. If the
complainant chooses to commence a civil action in a circuit
court, he or she must do so within 90 days after receipt of
the Director's notice.
(D) Report.
(1) Each charge 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 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
order of the Director and the Director shall give the
complainant notice of his or her right to seek review of
the dismissal order before the Commission or commence a
civil action in the appropriate circuit court. If the
complainant chooses to have the Human Rights Commission
review the dismissal order, he or she shall file a request
for review with the Commission within 90 days after receipt
of the Director's notice. If the complainant chooses to
file a request for review with the Commission, he or she
may not later commence a civil action in a circuit court.
If the complainant chooses to commence a civil action in a
circuit court, he or she must do so within 90 days after

receipt of the Director's notice.
(4) If the Director determines that there is
substantial evidence, he or she shall notify the
complainant and respondent of that determination. The
Director shall also notify the parties that the complainant
has the right to either commence a civil action in the
appropriate circuit court or request that the Department of
Human Rights file a complaint with the Human Rights
Commission on his or her behalf. Any such complaint shall
be filed within 90 days after receipt of the Director's
notice. If the complainant chooses to have the Department
file a complaint with the Human Rights Commission on his or
her behalf, the complainant must, within 30 days after
receipt of the Director's notice, request in writing that
the Department file the complaint. If the complainant
timely requests that the Department file the complaint, the
Department shall file the complaint on his or her behalf.
If the complainant fails to timely request that the
Department file the complaint, the complainant may file his
or her complaint with the Commission or commence a civil
action in the appropriate circuit court. If the complainant
files a complaint with the Human Rights Commission, the
complainant shall give notice to the Department of the
filing of the complaint with the Human Rights Commission.
(E) Conciliation.
(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
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 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.
(2) If the complainant chooses to commence a civil
action in a circuit court, he or she must do so in the
circuit court in the county wherein the civil rights
violation was allegedly committed. The form of the
complaint in any such civil action shall be in accordance
with the Illinois Code of Civil Procedure.
(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 his or her
own complaint with the Human Rights Commission or commence
a civil action in the appropriate circuit court. If the
complainant files a complaint with the Commission, the form
of the complaint shall be in accordance with the provisions
of paragraph (F)(1). If the complainant commences a civil
action in a circuit court, the form of the complaint shall

be in accordance with the Illinois Code of Civil Procedure.
The aggrieved party shall notify the Department that a
complaint has been filed and shall serve a copy of the
complaint on the Department on the same date that the
complaint is filed with the Commission or in circuit court.
If the complainant files a complaint with the Commission,
he or she may not later commence a civil action in circuit
court.
(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 may also be liable for any
costs and other damages incurred by the respondent as a
result of the action of the Department.
(4) The Department shall stay any administrative
proceedings under this Section after the filing of a civil
action by or on behalf of the aggrieved party under any

federal or State law seeking relief with respect to the
alleged civil rights violation.
(H) This amendatory Act of 1995 applies to causes of action
filed on or after January 1, 1996.
(I) This amendatory Act of 1996 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.
(K) The changes made to this Section by this amendatory Act
of the 96th General Assembly apply to charges filed on or after
the effective date of those changes.
(Source: P.A. 95-243, eff. 1-1-08; 96-876, eff. 2-2-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.