Bill Text: IL SB3891 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Human Rights Act. Provides that, in cases alleging a civil rights violation under the Article regarding employment, an employee who files a charge or complaint with the Department of Human Rights or the Human Rights Commission or commences a civil action in court for unlawful discrimination has the right to remain anonymous, by use of a fictitious name, in the charge or complaint issued to or served upon the respondent.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3891 Detail]

Download: Illinois-2019-SB3891-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3891 Introduced 2/14/2020, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
775 ILCS 5/7A-102 from Ch. 68, par. 7A-102
775 ILCS 5/8A-102 from Ch. 68, par. 8A-102
775 ILCS 5/10-102 from Ch. 68, par. 10-102
Amends the Illinois Human Rights Act. Provides that, in cases alleging a civil rights violation under the Article regarding employment, an employee who files a charge or complaint with the Department of Human Rights or the Human Rights Commission or commences a civil action in court for unlawful discrimination has the right to remain anonymous, by use of a fictitious name, in the charge or complaint issued to or served upon the respondent.
LRB101 19683 LNS 69175 b
A BILL FOR
SB3891 LRB101 19683 LNS 69175 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 7A-102, 8A-102, and 10-102 as follows:
(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
Sec. 7A-102. Procedures.
(A) Charge.
(1) Within 300 calendar days after the date that a
civil rights violation allegedly has been committed, a
charge in writing under oath or affirmation may be filed
with the Department by an aggrieved party or issued by the
Department itself under the signature of the Director.
(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.
(4) An employee who files a charge with the Department
for unlawful discrimination under Article 2 against a
current or former employer has the right to remain

SB3891 - 2 - LRB101 19683 LNS 69175 b
anonymous, by use of a fictitious name, in the charge
issued to the respondent.
(A-1) Equal Employment Opportunity Commission Charges.
(1) If a charge is filed with the Equal Employment
Opportunity Commission (EEOC) within 300 calendar days
after the date of the alleged civil rights violation, the
charge shall be deemed filed with the Department on the
date filed with the EEOC. If the EEOC is the governmental
agency designated to investigate the charge first, the
Department shall take no action until the EEOC makes a
determination on the charge and after the complainant
notifies the Department of the EEOC's determination. In
such cases, after receiving notice from the EEOC that a
charge was filed, the Department shall notify the parties
that (i) a charge has been received by the EEOC and has
been sent to the Department for dual filing purposes; (ii)
the EEOC is the governmental agency responsible for
investigating the charge and that the investigation shall
be conducted pursuant to the rules and procedures adopted
by the EEOC; (iii) it will take no action on the charge
until the EEOC issues its determination; (iv) the
complainant must submit a copy of the EEOC's determination
within 30 days after service of the determination by the
EEOC on the complainant; and (v) that the time period to
investigate the charge contained in subsection (G) of this
Section is tolled from the date on which the charge is

SB3891 - 3 - LRB101 19683 LNS 69175 b
filed with the EEOC until the EEOC issues its
determination.
(2) If the EEOC finds reasonable cause to believe that
there has been a violation of federal law and if the
Department is timely notified of the EEOC's findings by the
complainant, the Department shall notify the complainant
that the Department has adopted the EEOC's determination of
reasonable cause and that the complainant has the right,
within 90 days after receipt of the Department's notice, to
either file his or her own complaint with the Illinois
Human Rights Commission or commence a civil action in the
appropriate circuit court or other appropriate court of
competent jurisdiction. This notice shall be provided to
the complainant within 10 business days after the
Department's receipt of the EEOC's determination. The
Department's notice to the complainant that the Department
has adopted the EEOC's determination of reasonable cause
shall 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

SB3891 - 4 - LRB101 19683 LNS 69175 b
issues the complainant a right to sue notice, and if the
Department is timely notified of the EEOC's determination
by the complainant, the Department shall notify the
parties, within 10 business days after receipt of the
EEOC's determination, that the Department will adopt the
EEOC's determination as a dismissal for lack of substantial
evidence unless the complainant requests in writing within
35 days after receipt of the Department's notice that the
Department review the EEOC's determination.
(a) If the complainant does not file a written
request with the Department to review the EEOC's
determination within 35 days after receipt of the
Department's notice, the Department shall notify the
complainant, within 10 business days after the
expiration of the 35-day period, that the decision of
the EEOC has been adopted by the Department as a
dismissal for lack of substantial evidence and that the
complainant has the right, within 90 days after receipt
of the Department's notice, to commence a civil action
in the appropriate circuit court or other appropriate
court of competent jurisdiction. The Department's
notice to the complainant that the Department has
adopted the EEOC's determination shall constitute the
Department's report for purposes of subparagraph (D)
of this Section.
(b) If the complainant does file a written request

SB3891 - 5 - LRB101 19683 LNS 69175 b
with the Department to review the EEOC's
determination, the Department shall review the EEOC's
determination and any evidence obtained by the EEOC
during its investigation. If, after reviewing the
EEOC's determination and any evidence obtained by the
EEOC, the Department determines there is no need for
further investigation of the charge, the Department
shall issue a report and the Director shall determine
whether there is substantial evidence that the alleged
civil rights violation has been committed pursuant to
subsection (D) of this Section 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 this
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

SB3891 - 6 - LRB101 19683 LNS 69175 b
over the charge, and if, under this Act, the Department has
jurisdiction over the charge of discrimination, the
Department shall investigate the charge or portion of the
charge dismissed by the EEOC for lack of jurisdiction
pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
(E), (F), (G), (H), (I), (J), and (K) of this Section
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.
(6) The failure of the Department to meet the
10-business-day notification deadlines set out in
paragraph (2) of this subsection shall not impair the
rights of any party.
(B) Notice and Response to Charge. The Department shall,
within 10 days of the date on which the charge was filed, serve
a copy of the charge on the respondent and provide all parties
with a notice of the complainant's right to opt out of the
investigation within 60 days as set forth in subsection (C-1).
This period shall not be construed to be jurisdictional. The
charging party and the respondent may each file a position
statement and other materials with the Department regarding the
charge of alleged discrimination within 60 days of receipt of
the notice of the charge. The position statements and other
materials filed shall remain confidential unless otherwise

SB3891 - 7 - LRB101 19683 LNS 69175 b
agreed to by the party providing the information and shall not
be served on or made available to the other party during the
pendency of a charge with the Department. The Department may
require the respondent to file a response to the allegations
contained in the charge. Upon the Department's request, the
respondent shall file a response to the charge within 60 days
and shall serve a copy of its response on the complainant or
his or her representative. Notwithstanding any request from the
Department, the respondent may elect to file a response to the
charge within 60 days of receipt of notice of the charge,
provided the respondent serves a copy of its response on the
complainant or his or her representative. All allegations
contained in the charge not denied by the respondent within 60
days of the Department's request for a response may be deemed
admitted, unless the respondent states that it is without
sufficient information to form a belief with respect to such
allegation. The Department may issue a notice of default
directed to any respondent who fails to file a response to a
charge within 60 days of receipt of the Department's request,
unless the respondent can demonstrate good cause as to why such
notice should not issue. The term "good cause" shall be defined
by rule promulgated by the Department. Within 30 days of
receipt of the respondent's response, the complainant may file
a reply to said response and shall serve a copy of said reply
on the respondent or his or her representative. A party shall
have the right to supplement his or her response or reply at

SB3891 - 8 - LRB101 19683 LNS 69175 b
any time that the investigation of the charge is pending. The
Department shall, within 10 days of the date on which the
charge was filed, and again no later than 335 days thereafter,
send by certified or registered mail, or electronic mail if
elected by the party, written notice to the complainant and to
the respondent informing the complainant of the complainant's
rights to either file a complaint with the Human Rights
Commission or commence a civil action in the appropriate
circuit court under subparagraph (2) of paragraph (G),
including in such notice the dates within which the complainant
may exercise these rights. In the notice the Department shall
notify the complainant that the charge of civil rights
violation will be dismissed with prejudice and with no right to
further proceed if a written complaint is not timely filed with
the Commission or with the appropriate circuit court by the
complainant pursuant to subparagraph (2) 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.

SB3891 - 9 - LRB101 19683 LNS 69175 b
(C) Investigation.
(1) The Department shall conduct an investigation
sufficient to determine whether the allegations set forth
in the charge are supported by substantial evidence unless
the complainant elects to opt out of an investigation
pursuant to subsection (C-1).
(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, unless prior to 365 days after the date on
which the charge was filed the Director has determined
whether there is substantial evidence that the alleged
civil rights violation has been committed, the charge has
been dismissed for lack of jurisdiction, or the parties

SB3891 - 10 - LRB101 19683 LNS 69175 b
voluntarily and in writing agree to waive the fact finding
conference. Any party's failure to attend the conference
without good cause shall result in dismissal or default.
The term "good cause" shall be defined by rule promulgated
by the Department. A notice of dismissal or default shall
be issued by the Director. The notice of default issued by
the Director shall notify the respondent that a request for
review may be filed in writing with the Commission 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.
(C-1) Opt out of Department's investigation. At any time
within 60 days after receipt of notice of the right to opt out,
a complainant may submit a written request seeking notice from
the Director indicating that the complainant has opted out of

SB3891 - 11 - LRB101 19683 LNS 69175 b
the investigation and may commence a civil action in the
appropriate circuit court or other appropriate court of
competent jurisdiction. Within 10 business days of receipt of
the complainant's request to opt out of the investigation, the
Director shall issue a notice to the parties stating that: (i)
the complainant has exercised the right to opt out of the
investigation; (ii) the complainant has 90 days after receipt
of the Director's notice to commence an action in the
appropriate circuit court or other appropriate court of
competent jurisdiction; and (iii) the Department has ceased its
investigation and is administratively closing the charge. The
complainant shall notify the Department and the respondent that
a complaint has been filed with the appropriate circuit court
or other appropriate court of competent jurisdiction and shall
mail a copy of the complaint to the Department and the
respondent on the same date that the complaint is filed with
the appropriate court. Once a complainant has opted out of the
investigation under this subsection, he or she may not file or
refile a substantially similar charge with the Department
arising from the same incident of unlawful discrimination or
harassment.
(D) Report.
(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

SB3891 - 12 - LRB101 19683 LNS 69175 b
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.

SB3891 - 13 - LRB101 19683 LNS 69175 b
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.

SB3891 - 14 - LRB101 19683 LNS 69175 b
(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

SB3891 - 15 - LRB101 19683 LNS 69175 b
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

SB3891 - 16 - LRB101 19683 LNS 69175 b
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) (Blank).

SB3891 - 17 - LRB101 19683 LNS 69175 b
(H) Public Act 89-370 This amendatory Act of 1995 applies
to causes of action filed on or after January 1, 1996.
(I) Public Act 89-520 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 Public Act 96-876
this amendatory Act of the 96th General Assembly apply to
charges filed on or after the effective date of those changes.
(L) The changes made to this Section by Public Act 100-1066
this amendatory Act of the 100th General Assembly apply to
charges filed on or after August 24, 2018 (the effective date
of Public Act 100-1066) this amendatory Act of the 100th
General Assembly.
(Source: P.A. 100-492, eff. 9-8-17; 100-588, eff. 6-8-18;
100-1066, eff. 8-24-18; 101-221, eff. 1-1-20; revised
9-12-19.)
(775 ILCS 5/8A-102) (from Ch. 68, par. 8A-102)
Sec. 8A-102. Hearing on Complaint.
(A) Services. Within 5 five days after a complaint is filed
by the Department, or the aggrieved party, as the case may be,
the Commission shall cause it to be served on the respondent
together with a notice of hearing before a hearing officer of
the Commission at a place therein fixed.

SB3891 - 18 - LRB101 19683 LNS 69175 b
(A-5) Anonymity. An employee who filed a complaint for
unlawful discrimination under Article 2 against a current or
former employer has the right to remain anonymous, by use of a
fictitious name, in the complaint issued to the respondent.
(B) Time and Location of Hearing. An initial hearing date
shall be scheduled for not less than 30 thirty nor more than 90
ninety days after service of the complaint at a place that is
within 100 one hundred miles of the place at which the civil
rights violation is alleged to have occurred. The hearing
officer may, for good cause shown, extend the date of the
hearing.
(C) Amendment.
(1) A complaint may be amended under oath by leave of
the presiding hearing officer, for good cause shown, upon
timely written motion and reasonable notice to all
interested parties at any time prior to the issuance of a
recommended order pursuant to Section 8A-102(I) or
8B-102(J). The amended complaint shall be served upon all
parties of record and the Department of Human Rights by the
complainant, or by the Department if it prepared and filed
the amended complaint, within 7 days of the date of the
order permitting its filing or such additional time as the
hearing officer may order. Amendments to the complaint may
encompass any unlawful discrimination which is like or
reasonably related to the charge and growing out of the
allegations in such charge, including, but not limited to,

SB3891 - 19 - LRB101 19683 LNS 69175 b
allegations of retaliation.
(2) A motion that the complaint be amended to conform
to the evidence, made prior to the close of the public
hearing, may be addressed orally on the record to the
hearing officer, and shall be granted for good and
sufficient cause.
(D) Answer.
(1) The respondent shall file an answer under oath or
affirmation to the original or amended complaint within 30
days of the date of service thereof, but the hearing
officer may, for good cause shown, grant further time for
the filing of an answer.
(2) When the respondent files a motion to dismiss the
complaint within 30 days and the motion is denied by the
hearing officer, the time for filing the answer shall be
within 15 days of the date of denial of the motion.
(3) Any allegation in the complaint which is not denied
or admitted in the answer is deemed admitted unless the
respondent states in the answer that he is without
sufficient knowledge or information to form a belief with
respect to such allegation.
(4) The failure to file an answer is deemed to
constitute an admission of the allegations contained in the
complaint.
(5) The respondent has the right to amend his answer,
upon leave of the hearing officer, for good cause shown.

SB3891 - 20 - LRB101 19683 LNS 69175 b
(E) Proceedings In Forma Pauperis.
(1) If the hearing officer is satisfied that the
complainant or respondent is a poor person, and unable to
prosecute or defend the complaint and pay the costs and
expenses thereof, the hearing officer may permit the party
to commence and prosecute or defend the action as a poor
person. Such party shall have all the necessary subpoenas,
appearances, and proceedings without prepayment of witness
fees or charges. Witnesses shall attend as in other cases
under this Act and the same remedies shall be available for
failure or refusal to obey the subpoena as are provided for
in Section 8-104 of this Act.
(2) A person desiring to proceed without payment of
fees or charges shall file with the hearing officer an
affidavit stating that he is a poor person and unable to
pay costs, and that the action is meritorious.
(F) Discovery. The procedure for obtaining discovery of
information from parties and witnesses shall be specified by
the Commission in rules. If no rule has been promulgated by the
Commission on a particular type of discovery, the Code of Civil
Procedure may be considered persuasive authority. The types of
discovery shall be the same as in civil cases in the circuit
courts of this State, provided, however, that a party may take
discovery depositions only upon leave of the hearing officer
and for good cause shown.
(G) Hearing.

SB3891 - 21 - LRB101 19683 LNS 69175 b
(1) Both the complainant and the respondent may appear
at the hearing and examine and cross-examine witnesses.
(2) The testimony taken at the hearing shall be under
oath or affirmation and a transcript shall be made and
filed in the office of the Commission.
(3) The testimony taken at the hearing is subject to
the same rules of evidence that apply in courts of this
State in civil cases.
(H) Compelling Appearance of Parties at Hearing. The
appearance at the hearing of a party or a person who at the
time of the hearing is an officer, director, or employee of a
party may be required by serving the party with a notice
designating the person who is required to appear. The notice
also may require the production at the hearing of documents or
tangible things. If the party or person is a nonresident of the
county, the hearing officer may order any terms and conditions
in connection with his appearance at the hearing that are just,
including payment of his reasonable expenses. Upon a failure to
comply with the notice, the hearing officer may enter any order
that is just.
(I) Decision.
(1) When all the testimony has been taken, the hearing
officer shall determine whether the respondent has engaged
in or is engaging in the civil rights violation with
respect to the person aggrieved as charged in the
complaint. A determination sustaining a complaint shall be

SB3891 - 22 - LRB101 19683 LNS 69175 b
based upon a preponderance of the evidence.
(2) The hearing officer shall make findings of fact in
writing and, if the finding is against the respondent,
shall issue and cause to be served on the parties and the
Department a recommended order for appropriate relief as
provided by this Act.
(3) If, upon all the evidence, the hearing officer
finds that a respondent has not engaged in the
discriminatory practice charged in the complaint or that a
preponderance of the evidence does not sustain the
complaint, he shall state his findings of fact and shall
issue and cause to be served on the parties and the
Department a recommended order dismissing the complaint.
(4) The findings and recommended order of the hearing
officer shall be filed with the Commission. The findings
and recommended order may be authored by a hearing officer
other than the hearing officer who presides at the public
hearing if:
(a) the hearing officer who presides at the public
hearing is unable to author the findings and
recommended order by reason of death, disability, or
separation from employment; and
(b) all parties to a complaint file a joint motion
agreeing to have the findings and recommended order
written by a hearing officer who did not preside at the
public hearing.

SB3891 - 23 - LRB101 19683 LNS 69175 b
(5) A recommended order dismissing a complaint may
include an award of reasonable attorneys fees in favor of
the respondent against the complainant or the
complainant's attorney, or both, if the hearing officer
concludes that the complaint was frivolous, unreasonable
or groundless or that the complainant continued to litigate
after it became clearly so.
(6) The hearing officer may issue a recommended order
of dismissal with prejudice or a recommended order of
default as a sanction for the failure of a party to
prosecute his or her case, file a required pleading, appear
at a hearing, or otherwise comply with this Act, the rules
of the Commission, or a previous order of the hearing
officer.
(Source: P.A. 92-472, eff. 1-1-02.)
(775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
Sec. 10-102. Court Actions. (A) Circuit Court Actions. (1)
An aggrieved party may commence a civil action in an
appropriate Circuit Court not later than 2 years after the
occurrence or the termination of an alleged civil rights
violation or the breach of a conciliation or settlement
agreement entered into under this Act, whichever occurs last,
to obtain appropriate relief with respect to the alleged civil
rights violation or breach. Venue for such civil action shall
be determined under Section 8-111(B)(6).

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(1.5) An employee who commences a civil action for unlawful
discrimination under Article 2 against a current or former
employer has the right to remain anonymous, by use of a
fictitious name, in the complaint served upon the respondent.
(2) The computation of such 2-year period shall not include
any time during which an administrative proceeding under this
Act was pending with respect to a complaint or charge under
this Act based upon the alleged civil rights violation. This
paragraph does not apply to actions arising from a breach of a
conciliation or settlement agreement.
(3) An aggrieved party may commence a civil action under
this subsection whether or not a charge has been filed under
Section 7B-102 and without regard to the status of any such
charge, however, if the Department or local agency has obtained
a conciliation or settlement agreement with the consent of an
aggrieved party, no action may be filed under this subsection
by such aggrieved party with respect to the alleged civil
rights violation practice which forms the basis for such
complaint except for the purpose of enforcing the terms of such
conciliation or settlement agreement.
(4) An aggrieved party shall not commence a civil action
under this subsection with respect to an alleged civil rights
violation which forms the basis of a complaint issued by the
Department if a hearing officer has commenced a hearing on the
record under Article 3 of this Act with respect to such
complaint.

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(B) Appointment of Attorney by Court. Upon application by a
person alleging a civil rights violation or a person against
whom the civil rights violation is alleged, if in the opinion
of the court such person is financially unable to bear the
costs of such action, the court may:
(1) appoint an attorney for such person, any attorney so
appointed may petition for an award of attorneys fees pursuant
to subsection (C)(2) of this Section; or
(2) authorize the commencement or continuation of a civil
action under subsection (A) without the payment of fees, costs,
or security.
(C) Relief which may be granted. (1) In a civil action
under subsection (A) if the court finds that a civil rights
violation has occurred or is about to occur, the court may
award to the plaintiff actual and punitive damages, and may
grant as relief, as the court deems appropriate, any permanent
or preliminary injunction, temporary restraining order, or
other order, including an order enjoining the defendant from
engaging in such civil rights violation or ordering such
affirmative action as may be appropriate.
(2) In a civil action under subsection (A), the court, in
its discretion, may allow the prevailing party, other than the
State of Illinois, reasonable attorneys fees and costs. The
State of Illinois shall be liable for such fees and costs to
the same extent as a private person.
(D) Intervention By The Department. The Attorney General of

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Illinois may intervene on behalf of the Department if the
Department certifies that the case is of general public
importance. Upon such intervention the court may award such
relief as is authorized to be granted to a plaintiff in a civil
action under Section 10-102(C).
(Source: P.A. 86-910.)