Bill Text: IL SB3215 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for a third-party loan modification service provider, because of unlawful discrimination, familial status, or an arrest record, to (1) refuse to engage in loan modification services or to discriminate in making such services available, or (2) alter the terms, conditions, or privileges of such services. Makes changes concerning what constitutes retaliation under various Articles of the Act. Provides that, in proceedings relating to real estate transactions, the failure of the Department to notify the complainant or respondent in writing of the reasons for not completing an investigation on the allegations set forth in a charge within 100 days shall not deprive the Department of jurisdiction over the charge. Makes corresponding and other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3215 Detail]

Download: Illinois-2019-SB3215-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3215 Introduced 2/10/2020, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
775 ILCS 5/1-103 from Ch. 68, par. 1-103
775 ILCS 5/2-105 from Ch. 68, par. 2-105
775 ILCS 5/3-102.10 new
775 ILCS 5/5A-101.1
775 ILCS 5/6-101 from Ch. 68, par. 6-101
775 ILCS 5/6-101.5 new
775 ILCS 5/7A-101 from Ch. 68, par. 7A-101
775 ILCS 5/7B-101 from Ch. 68, par. 7B-101
775 ILCS 5/7B-102 from Ch. 68, par. 7B-102
775 ILCS 5/8A-101 from Ch. 68, par. 8A-101
775 ILCS 5/8B-101 from Ch. 68, par. 8B-101
Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for a third-party loan modification service provider, because of unlawful discrimination, familial status, or an arrest record, to (1) refuse to engage in loan modification services or to discriminate in making such services available, or (2) alter the terms, conditions, or privileges of such services. Makes changes concerning what constitutes retaliation under various Articles of the Act. Provides that, in proceedings relating to real estate transactions, the failure of the Department to notify the complainant or respondent in writing of the reasons for not completing an investigation on the allegations set forth in a charge within 100 days shall not deprive the Department of jurisdiction over the charge. Makes corresponding and other changes.
LRB101 16916 LNS 70022 b
A BILL FOR
SB3215 LRB101 16916 LNS 70022 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 1-103, 2-105, 5A-101.1, 6-101, 7A-101,
7B-101, 7B-102, 8A-101, and 8B-101 and by adding Sections
3-102.10 and 6-101.5 as follows:
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
Sec. 1-103. General definitions. When used in this Act,
unless the context requires otherwise, the term:
(A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training or
apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
(B) Aggrieved party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
(B-5) Arrest record. "Arrest record" means:
(1) an arrest not leading to a conviction;

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(2) a juvenile record; or
(3) criminal history record information ordered
expunged, sealed, or impounded under Section 5.2 of the
Criminal Identification Act.
(C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the Department
under its authority.
(D) Civil rights violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-102.10 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
5A-102, 6-101, 6-101.5, and 6-102 of this Act.
(E) Commission. "Commission" means the Human Rights
Commission created by this Act.
(F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
(G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
(H) Department. "Department" means the Department of Human
Rights created by this Act.
(I) Disability. "Disability" means a determinable physical
or mental characteristic of a person, including, but not
limited to, a determinable physical characteristic which

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necessitates the person's use of a guide, hearing or support
dog, the history of such characteristic, or the perception of
such characteristic by the person complained against, which may
result from disease, injury, congenital condition of birth or
functional disorder and which characteristic:
(1) For purposes of Article 2, is unrelated to the
person's ability to perform the duties of a particular job
or position and, pursuant to Section 2-104 of this Act, a
person's illegal use of drugs or alcohol is not a
disability;
(2) For purposes of Article 3, is unrelated to the
person's ability to acquire, rent, or maintain a housing
accommodation;
(3) For purposes of Article 4, is unrelated to a
person's ability to repay;
(4) For purposes of Article 5, is unrelated to a
person's ability to utilize and benefit from a place of
public accommodation;
(5) For purposes of Article 5, also includes any
mental, psychological, or developmental disability,
including autism spectrum disorders.
(J) Marital status. "Marital status" means the legal status
of being married, single, separated, divorced, or widowed.
(J-1) Military status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or

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veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve, United
States Marine Corps Reserve, United States Navy Reserve, United
States Air Force Reserve, and United States Coast Guard
Reserve, or status as a current member or veteran of the
Illinois Army National Guard or Illinois Air National Guard.
(K) National origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection issued
pursuant to the Illinois Domestic Violence Act of 1986, Article
112A of the Code of Criminal Procedure of 1963, the Stalking No
Contact Order Act, or the Civil No Contact Order Act, or an
order of protection issued by a court of another state.
(L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,
or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth.
(M) Public contract. "Public contract" includes every
contract to which the State, any of its political subdivisions,

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or any municipal corporation is a party.
(N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2, "religion"
has the meaning ascribed to it in paragraph (F) of Section
2-101.
(O) Sex. "Sex" means the status of being male or female.
(O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
(P) Unfavorable military discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components, or any National Guard
or Naval Militia which are classified as RE-3 or the equivalent
thereof, but does not include those characterized as RE-4 or
"Dishonorable".
(Q) Unlawful discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her
actual or perceived: race, color, religion, national origin,
ancestry, age, sex, marital status, order of protection status,
disability, military status, sexual orientation, pregnancy, or
unfavorable discharge from military service as those terms are
defined in this Section.

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(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
(775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
Sec. 2-105. Equal Employment Opportunities; Affirmative
Action.
(A) Public Contracts. Every party to a public contract and
every eligible bidder shall:
(1) Refrain from unlawful discrimination and
discrimination based on citizenship status in employment
and undertake affirmative action to assure equality of
employment opportunity and eliminate the effects of past
discrimination;
(2) Comply with the procedures and requirements of the
Department's regulations concerning equal employment
opportunities and affirmative action;
(3) Provide such information, with respect to its
employees and applicants for employment, and assistance as
the Department may reasonably request;
(4) Have written sexual harassment policies that shall
include, at a minimum, the following information: (i) the
illegality of sexual harassment; (ii) the definition of
sexual harassment under State law; (iii) a description of
sexual harassment, utilizing examples; (iv) the vendor's
internal complaint process including penalties; (v) the
legal recourse, investigative and complaint process

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available through the Department and the Commission; (vi)
directions on how to contact the Department and Commission;
and (vii) protection against retaliation as provided by
Sections Section 6-101 and 6-101.5 of this Act. A copy of
the policies shall be provided to the Department upon
request. Additionally, each bidder who submits a bid or
offer for a State contract under the Illinois Procurement
Code shall have a written copy of the bidder's sexual
harassment policy as required under this paragraph (4). A
copy of the policy shall be provided to the State agency
entering into the contract upon request.
(B) State Agencies. Every State executive department,
State agency, board, commission, and instrumentality shall:
(1) Comply with the procedures and requirements of the
Department's regulations concerning equal employment
opportunities and affirmative action;
(2) Provide such information and assistance as the
Department may request.
(3) Establish, maintain, and carry out a continuing
affirmative action plan consistent with this Act and the
regulations of the Department designed to promote equal
opportunity for all State residents in every aspect of
agency personnel policy and practice. For purposes of these
affirmative action plans, the race and national origin
categories to be included in the plans are: American Indian
or Alaska Native, Asian, Black or African American,

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Hispanic or Latino, Native Hawaiian or Other Pacific
Islander.
This plan shall include a current detailed status
report:
(a) indicating, by each position in State service,
the number, percentage, and average salary of
individuals employed by race, national origin, sex and
disability, and any other category that the Department
may require by rule;
(b) identifying all positions in which the
percentage of the people employed by race, national
origin, sex and disability, and any other category that
the Department may require by rule, is less than
four-fifths of the percentage of each of those
components in the State work force;
(c) specifying the goals and methods for
increasing the percentage by race, national origin,
sex and disability, and any other category that the
Department may require by rule, in State positions;
(d) indicating progress and problems toward
meeting equal employment opportunity goals, including,
if applicable, but not limited to, Department of
Central Management Services recruitment efforts,
publicity, promotions, and use of options designating
positions by linguistic abilities;
(e) establishing a numerical hiring goal for the

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employment of qualified persons with disabilities in
the agency as a whole, to be based on the proportion of
people with work disabilities in the Illinois labor
force as reflected in the most recent employment data
made available by the United States Census Bureau.
(4) If the agency has 1000 or more employees, appoint a
full-time Equal Employment Opportunity officer, subject to
the Department's approval, whose duties shall include:
(a) Advising the head of the particular State
agency with respect to the preparation of equal
employment opportunity programs, procedures,
regulations, reports, and the agency's affirmative
action plan.
(b) Evaluating in writing each fiscal year the
sufficiency of the total agency program for equal
employment opportunity and reporting thereon to the
head of the agency with recommendations as to any
improvement or correction in recruiting, hiring or
promotion needed, including remedial or disciplinary
action with respect to managerial or supervisory
employees who have failed to cooperate fully or who are
in violation of the program.
(c) Making changes in recruitment, training and
promotion programs and in hiring and promotion
procedures designed to eliminate discriminatory
practices when authorized.

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(d) Evaluating tests, employment policies,
practices and qualifications and reporting to the head
of the agency and to the Department any policies,
practices and qualifications that have unequal impact
by race, national origin as required by Department
rule, sex or disability or any other category that the
Department may require by rule, and to assist in the
recruitment of people in underrepresented
classifications. This function shall be performed in
cooperation with the State Department of Central
Management Services.
(e) Making any aggrieved employee or applicant for
employment aware of his or her remedies under this Act.
In any meeting, investigation, negotiation,
conference, or other proceeding between a State
employee and an Equal Employment Opportunity officer,
a State employee (1) who is not covered by a collective
bargaining agreement and (2) who is the complaining
party or the subject of such proceeding may be
accompanied, advised and represented by (1) an
attorney licensed to practice law in the State of
Illinois or (2) a representative of an employee
organization whose membership is composed of employees
of the State and of which the employee is a member. A
representative of an employee, other than an attorney,
may observe but may not actively participate, or advise

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the State employee during the course of such meeting,
investigation, negotiation, conference or other
proceeding. Nothing in this Section shall be construed
to permit any person who is not licensed to practice
law in Illinois to deliver any legal services or
otherwise engage in any activities that would
constitute the unauthorized practice of law. Any
representative of an employee who is present with the
consent of the employee, shall not, during or after
termination of the relationship permitted by this
Section with the State employee, use or reveal any
information obtained during the course of the meeting,
investigation, negotiation, conference or other
proceeding without the consent of the complaining
party and any State employee who is the subject of the
proceeding and pursuant to rules and regulations
governing confidentiality of such information as
promulgated by the appropriate State agency.
Intentional or reckless disclosure of information in
violation of these confidentiality requirements shall
constitute a Class B misdemeanor.
(5) Establish, maintain and carry out a continuing
sexual harassment program that shall include the
following:
(a) Develop a written sexual harassment policy
that includes at a minimum the following information:

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(i) the illegality of sexual harassment; (ii) the
definition of sexual harassment under State law; (iii)
a description of sexual harassment, utilizing
examples; (iv) the agency's internal complaint process
including penalties; (v) the legal recourse,
investigative and complaint process available through
the Department and the Commission; (vi) directions on
how to contact the Department and Commission; and (vii)
protection against retaliation as provided by Section
6-101 of this Act. The policy shall be reviewed
annually.
(b) Post in a prominent and accessible location and
distribute in a manner to assure notice to all agency
employees without exception the agency's sexual
harassment policy. Such documents may meet, but shall
not exceed, the 6th grade literacy level. Distribution
shall be effectuated within 90 days of the effective
date of this amendatory Act of 1992 and shall occur
annually thereafter.
(c) Provide training on sexual harassment
prevention and the agency's sexual harassment policy
as a component of all ongoing or new employee training
programs.
(6) Notify the Department 30 days before effecting any
layoff. Once notice is given, the following shall occur:
(a) No layoff may be effective earlier than 10

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working days after notice to the Department, unless an
emergency layoff situation exists.
(b) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur must notify each employee targeted
for layoff, the employee's union representative (if
applicable), and the State Dislocated Worker Unit at
the Department of Commerce and Economic Opportunity.
(c) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur must conform to applicable
collective bargaining agreements.
(d) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur should notify each employee
targeted for layoff that transitional assistance may
be available to him or her under the Economic
Dislocation and Worker Adjustment Assistance Act
administered by the Department of Commerce and
Economic Opportunity. Failure to give such notice
shall not invalidate the layoff or postpone its
effective date.
As used in this subsection (B), "disability" shall be
defined in rules promulgated under the Illinois Administrative
Procedure Act.
(C) Civil Rights Violations. It is a civil rights violation

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for any public contractor or eligible bidder to:
(1) fail to comply with the public contractor's or
eligible bidder's duty to refrain from unlawful
discrimination and discrimination based on citizenship
status in employment under subsection (A)(1) of this
Section; or
(2) fail to comply with the public contractor's or
eligible bidder's duties of affirmative action under
subsection (A) of this Section, provided however, that the
Department has notified the public contractor or eligible
bidder in writing by certified mail that the public
contractor or eligible bidder may not be in compliance with
affirmative action requirements of subsection (A). A
minimum of 60 days to comply with the requirements shall be
afforded to the public contractor or eligible bidder before
the Department may issue formal notice of non-compliance.
(D) As used in this Section:
(1) "American Indian or Alaska Native" means a person
having origins in any of the original peoples of North and
South America, including Central America, and who
maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.

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(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa. Terms
such as "Haitian" or "Negro" can be used in addition to
"Black or African American".
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19.)
(775 ILCS 5/3-102.10 new)
Sec. 3-102.10. Third-Party loan modification service
provider.
(A) It is a civil rights violation for a third-party loan
modification service provider, because of unlawful
discrimination, familial status, or an arrest record, to:
(1) refuse to engage in loan modification services or
to discriminate in making such services available; or
(2) alter the terms, conditions, or privileges of such
services.
(B) For purposes of this Section, "third-party loan
modification service provider" means a person or entity,
whether licensed or not, who, for or with the expectation of
receiving consideration, provides assistance or services to a

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loan borrower to obtain a modification to a term of an existing
real estate loan or to obtain foreclosure relief. "Third party
loan modification service provider" does not include lenders,
brokers or appraisers of mortgage loans, or affiliates of the
lender collecting the loan payments.
(775 ILCS 5/5A-101.1)
Sec. 5A-101.1. Notice.
(A) Every institution of higher education covered by this
Act shall post in a prominent and accessible location a poster
stating sexual harassment laws and policies. The poster shall
be (i) posted and kept posted at each campus in common area
positions easily accessible to all students including, but not
limited to residence halls, administration buildings, student
unions, cafeterias, and libraries or (ii) posted annually at
each campus in common area positions easily accessible to all
students including, but not limited to, residence halls,
administration buildings, student unions, cafeterias, and
libraries, with an electronic copy of the sexual harassment
laws and policies also sent to each student at the time that
registration materials are emailed or (iii) on campuses that
provide for online registration of student classes, such
information pertaining to sexual harassment laws and policies
may be incorporated into the registration process so that
students must review the policies and laws and acknowledge such
review, prior to being allowed to register. Documents to be

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posted shall be retrieved from the Illinois Department of Human
Rights website to satisfy posting requirements. Posting of the
posters shall be effectuated within 90 days of the effective
date of this amendatory Act of the 96th General Assembly and
shall occur annually thereafter.
(B) The posted sexual harassment poster shall include, at a
minimum, the following information: (i) the illegality of
sexual harassment in higher education; (ii) the definition of
sexual harassment under State law; (iii) a description of
sexual harassment, utilizing examples; (iv) the institution's
internal complaint process including penalties; (v) the legal
recourse, investigative and complaint process available
through the Department of Human Rights; (vi) directions on how
to contact the Department; and (vii) protection against
retaliation as provided by Sections Section 6-101 and 6-101.5
of this Act.
(C) Upon notification of a failure to post, the Department
of Human Rights may launch a preliminary investigation. If the
Department finds a failure to post, the Department may issue a
notice to show cause giving the institution 30 days to correct
the failure to post. If the failure to post is not corrected,
the Department may initiate a charge of a civil rights
violation.
(Source: P.A. 96-574, eff. 8-18-09.)
(775 ILCS 5/6-101) (from Ch. 68, par. 6-101)

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Sec. 6-101. Additional civil rights violations under
Articles 2, 4, 5, and 5A Additional Civil Rights Violations. It
is a civil rights violation for a person, or for 2 two or more
persons, to conspire, to:
(A) Retaliation. Retaliate against a person because he
or she has opposed that which he or she reasonably and in
good faith believes to be unlawful discrimination, sexual
harassment in employment, or sexual harassment in
elementary, secondary, and higher education, or
discrimination based on arrest record or citizenship
status in employment under Articles 2, 4, 5, and 5A,
because he or she has made a charge, filed a complaint,
testified, assisted, or participated in an investigation,
proceeding, or hearing under this Act, or because he or she
has requested, attempted to request, used, or attempted to
use a reasonable accommodation as allowed by this Act;
(B) Aiding and Abetting; Coercion. Aid, abet, compel or
coerce a person to commit any violation of this Act;
(C) Interference. Wilfully interfere with the
performance of a duty or the exercise of a power by the
Commission or one of its members or representatives or the
Department or one of its officers or employees.
Definitions. For the purposes of this Section, "sexual
harassment" and "citizenship status" shall have the same
meaning as defined in Section 2-101 of this Act.
(Source: P.A. 97-333, eff. 8-12-11; 98-1050, eff. 1-1-15.)

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(775 ILCS 5/6-101.5 new)
Sec. 6-101.5. Additional civil rights violations under
Article 3. It is a civil rights violation for a person, or for
2 or more persons, to conspire, to:
(A) retaliate against a person because the person has
opposed that which he or she reasonably and in good faith
believes to be unlawful discrimination or discrimination based
on familial status or arrest record in a real estate
transaction under Article 3, because the person has made a
charge, filed a complaint, testified, assisted, or
participated in an investigation, proceeding, or hearing under
this Act, or because the person has requested, attempted to
request, used, or attempted to use a reasonable accommodation
as allowed by this Act;
(B) aid, abet, compel, or coerce a person to commit any
violation of this Act; or
(C) willfully interfere with the performance of a duty or
the exercise of a power by the Commission or one of its members
or representatives or the Department or one of its officers or
employees.
For the purposes of this Section, "familial status" has the
same meaning as defined in Section 3-101.
(775 ILCS 5/7A-101) (from Ch. 68, par. 7A-101)
Sec. 7A-101. The procedures specified in this Article shall

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apply solely to Articles 2, 4, 5, and 5A and Sections 6-101 and
6-102 of Article 6.
(Source: P.A. 86-910.)
(775 ILCS 5/7B-101) (from Ch. 68, par. 7B-101)
Sec. 7B-101. The procedures specified in this Article shall
apply solely to Article 3 and Section 6-101.5 of Article 6.
(Source: P.A. 86-910.)
(775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
Sec. 7B-102. Procedures.
(A) Charge.
(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.
(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.
(B) Notice and Response to Charge.
(1) The Department shall serve notice upon the
aggrieved party acknowledging such charge and advising the
aggrieved party of the time limits and choice of forums
provided under this Act. The Department shall, within 10

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days of the date on which the charge was filed or the
identification of an additional respondent under paragraph
(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
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

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promulgated by the Department. Within 10 days of the date
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.
(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.
(C) Investigation.
(1) The Department shall conduct a full investigation
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.
(2) If the Department is unable to complete the

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investigation within 100 days after the charge is filed,
the Department shall notify the complainant and respondent
in writing of the reasons for not doing so. The failure of
the Department to notify the complainant or respondent in
writing of the reasons for not doing so shall not deprive
the Department of jurisdiction over the charge.
(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.
(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.
(5) Upon reasonable notice to the complainant and the
respondent, the Department may conduct a fact finding
conference. When requested by the Department, 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 that a request for review may be filed

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in writing with the Commission within 30 days of receipt of
notice of dismissal or default.
(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
parties, and, where indicated by this Act, members of the
Commission or their designated hearing officers.
The report shall contain:
(a) the names and dates of contacts with witnesses;
(b) a summary and the date of correspondence and
other contacts with the aggrieved party and the
respondent;
(c) a summary description of other pertinent
records;
(d) a summary of witness statements; and
(e) answers to questionnaires.
A final report under this paragraph may be amended if
additional evidence is later discovered.
(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.
If the Director is unable to make the determination within

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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.
(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
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.
(b) If the Director determines that there is
substantial evidence, he or she shall immediately
issue a complaint on behalf of the aggrieved party
pursuant to subsection (F).
(E) Conciliation.
(1) During the period beginning with the filing of
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.
When the Department determines that a formal
conciliation conference is feasible, the aggrieved party

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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.
(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.
(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.
(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.
(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.
(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.
(F) Complaint.

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(1) When there is a failure to settle or adjust any
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).
(2) The complaint shall be filed with the Commission.
(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.
(G) Time Limit.
(1) When a charge of a civil rights violation has been
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
of the charge does not deprive the Department of

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jurisdiction over the charge.
(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.
(H) This amendatory Act of 1995 applies to causes of action
filed on or after January 1, 1996.
(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;
101-530, eff. 1-1-20.)
(775 ILCS 5/8A-101) (from Ch. 68, par. 8A-101)
Sec. 8A-101. This Article shall apply solely to Articles 2,
4, 5, and 5A and Sections 6-101 and 6-102 of Article 6.
(Source: P.A. 86-910.)
(775 ILCS 5/8B-101) (from Ch. 68, par. 8B-101)
Sec. 8B-101. Applicability. The procedures and relief
specified in this Article shall apply solely to complaints
filed with the Human Rights Commission under Article 3 and

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Section 6-101.5 of Article 6.
(Source: P.A. 86-910.)