100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5498

 

Introduced 2/16/2018, by Rep. Sara Feigenholtz - Kelly M. Cassidy - Will Guzzardi - Steven A. Andersson - Juliana Stratton, et al.

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/7A-102  from Ch. 68, par. 7A-102

    Amends the Illinois Human Rights Act. Provides that within 300 calendar days (instead of 180 days) after the date that a civil rights violation, other than a violation concerning a real estate transaction, allegedly has been committed, a charge in writing under oath or affirmation may be filed with the Department of Human Rights by an aggrieved party or issued by the Department itself under the signature of the Director of Human Rights. Provides that if a charge is filed with the Equal Employment Opportunity Commission (EEOC) within 300 calendar days (instead of 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. Effective immediately.


LRB100 20749 HEP 36230 b

 

 

A BILL FOR

 

HB5498LRB100 20749 HEP 36230 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Section 7A-102 as follows:
 
6    (775 ILCS 5/7A-102)  (from Ch. 68, par. 7A-102)
7    Sec. 7A-102. Procedures.
8    (A) Charge.
9        (1) Within 300 calendar 180 days after the date that a
10    civil rights violation allegedly has been committed, a
11    charge in writing under oath or affirmation may be filed
12    with the Department by an aggrieved party or issued by the
13    Department itself under the signature of the Director.
14        (2) The charge shall be in such detail as to
15    substantially apprise any party properly concerned as to
16    the time, place, and facts surrounding the alleged civil
17    rights violation.
18        (3) Charges deemed filed with the Department pursuant
19    to subsection (A-1) of this Section shall be deemed to be
20    in compliance with this subsection.
21    (A-1) Equal Employment Opportunity Commission Charges.
22        (1) If a charge is filed with the Equal Employment
23    Opportunity Commission (EEOC) within 300 calendar 180 days

 

 

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1    after the date of the alleged civil rights violation, the
2    charge shall be deemed filed with the Department on the
3    date filed with the EEOC. If the EEOC is the governmental
4    agency designated to investigate the charge first, the
5    Department shall take no action until the EEOC makes a
6    determination on the charge and after the complainant
7    notifies the Department of the EEOC's determination. In
8    such cases, after receiving notice from the EEOC that a
9    charge was filed, the Department shall notify the parties
10    that (i) a charge has been received by the EEOC and has
11    been sent to the Department for dual filing purposes; (ii)
12    the EEOC is the governmental agency responsible for
13    investigating the charge and that the investigation shall
14    be conducted pursuant to the rules and procedures adopted
15    by the EEOC; (iii) it will take no action on the charge
16    until the EEOC issues its determination; (iv) the
17    complainant must submit a copy of the EEOC's determination
18    within 30 days after service of the determination by the
19    EEOC on complainant; and (v) that the time period to
20    investigate the charge contained in subsection (G) of this
21    Section is tolled from the date on which the charge is
22    filed with the EEOC until the EEOC issues its
23    determination.
24        (2) If the EEOC finds reasonable cause to believe that
25    there has been a violation of federal law and if the
26    Department is timely notified of the EEOC's findings by

 

 

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1    complainant, the Department shall notify complainant that
2    the Department has adopted the EEOC's determination of
3    reasonable cause and that complainant has the right, within
4    90 days after receipt of the Department's notice, to either
5    file his or her own complaint with the Illinois Human
6    Rights Commission or commence a civil action in the
7    appropriate circuit court or other appropriate court of
8    competent jurisdiction. The Department's notice to
9    complainant that the Department has adopted the EEOC's
10    determination of reasonable cause shall constitute the
11    Department's Report for purposes of subparagraph (D) of
12    this Section.
13        (3) For those charges alleging violations within the
14    jurisdiction of both the EEOC and the Department and for
15    which the EEOC either (i) does not issue a determination,
16    but does issue the complainant a notice of a right to sue,
17    including when the right to sue is issued at the request of
18    the complainant, or (ii) determines that it is unable to
19    establish that illegal discrimination has occurred and
20    issues the complainant a right to sue notice, and if the
21    Department is timely notified of the EEOC's determination
22    by complainant, the Department shall notify the parties
23    that the Department will adopt the EEOC's determination as
24    a dismissal for lack of substantial evidence unless the
25    complainant requests in writing within 35 days after
26    receipt of the Department's notice that the Department

 

 

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1    review the EEOC's determination.
2            (a) If the complainant does not file a written
3        request with the Department to review the EEOC's
4        determination within 35 days after receipt of the
5        Department's notice, the Department shall notify
6        complainant that the decision of the EEOC has been
7        adopted by the Department as a dismissal for lack of
8        substantial evidence and that the complainant has the
9        right, within 90 days after receipt of the Department's
10        notice, to commence a civil action in the appropriate
11        circuit court or other appropriate court of competent
12        jurisdiction. The Department's notice to complainant
13        that the Department has adopted the EEOC's
14        determination shall constitute the Department's report
15        for purposes of subparagraph (D) of this Section.
16            (b) If the complainant does file a written request
17        with the Department to review the EEOC's
18        determination, the Department shall review the EEOC's
19        determination and any evidence obtained by the EEOC
20        during its investigation. If, after reviewing the
21        EEOC's determination and any evidence obtained by the
22        EEOC, the Department determines there is no need for
23        further investigation of the charge, the Department
24        shall issue a report and the Director shall determine
25        whether there is substantial evidence that the alleged
26        civil rights violation has been committed pursuant to

 

 

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1        subsection (D) of Section 7A-102. If, after reviewing
2        the EEOC's determination and any evidence obtained by
3        the EEOC, the Department determines there is a need for
4        further investigation of the charge, the Department
5        may conduct any further investigation it deems
6        necessary. After reviewing the EEOC's determination,
7        the evidence obtained by the EEOC, and any additional
8        investigation conducted by the Department, the
9        Department shall issue a report and the Director shall
10        determine whether there is substantial evidence that
11        the alleged civil rights violation has been committed
12        pursuant to subsection (D) of Section 7A-102 of this
13        Act.
14        (4) Pursuant to this Section, if the EEOC dismisses the
15    charge or a portion of the charge of discrimination
16    because, under federal law, the EEOC lacks jurisdiction
17    over the charge, and if, under this Act, the Department has
18    jurisdiction over the charge of discrimination, the
19    Department shall investigate the charge or portion of the
20    charge dismissed by the EEOC for lack of jurisdiction
21    pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
22    (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of
23    this Act.
24        (5) The time limit set out in subsection (G) of this
25    Section is tolled from the date on which the charge is
26    filed with the EEOC to the date on which the EEOC issues

 

 

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1    its determination.
2    (B) Notice and Response to Charge. The Department shall,
3within 10 days of the date on which the charge was filed, serve
4a copy of the charge on the respondent. This period shall not
5be construed to be jurisdictional. The charging party and the
6respondent may each file a position statement and other
7materials with the Department regarding the charge of alleged
8discrimination within 60 days of receipt of the notice of the
9charge. The position statements and other materials filed shall
10remain confidential unless otherwise agreed to by the party
11providing the information and shall not be served on or made
12available to the other party during pendency of a charge with
13the Department. The Department may require the respondent to
14file a response to the allegations contained in the charge.
15Upon the Department's request, the respondent shall file a
16response to the charge within 60 days and shall serve a copy of
17its response on the complainant or his or her representative.
18Notwithstanding any request from the Department, the
19respondent may elect to file a response to the charge within 60
20days of receipt of notice of the charge, provided the
21respondent serves a copy of its response on the complainant or
22his or her representative. All allegations contained in the
23charge not denied by the respondent within 60 days of the
24Department's request for a response may be deemed admitted,
25unless the respondent states that it is without sufficient
26information to form a belief with respect to such allegation.

 

 

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1The Department may issue a notice of default directed to any
2respondent who fails to file a response to a charge within 60
3days of receipt of the Department's request, unless the
4respondent can demonstrate good cause as to why such notice
5should not issue. The term "good cause" shall be defined by
6rule promulgated by the Department. Within 30 days of receipt
7of the respondent's response, the complainant may file a reply
8to said response and shall serve a copy of said reply on the
9respondent or his or her representative. A party shall have the
10right to supplement his or her response or reply at any time
11that the investigation of the charge is pending. The Department
12shall, within 10 days of the date on which the charge was
13filed, and again no later than 335 days thereafter, send by
14certified or registered mail written notice to the complainant
15and to the respondent informing the complainant of the
16complainant's right to either file a complaint with the Human
17Rights Commission or commence a civil action in the appropriate
18circuit court under subparagraph (2) of paragraph (G),
19including in such notice the dates within which the complainant
20may exercise this right. In the notice the Department shall
21notify the complainant that the charge of civil rights
22violation will be dismissed with prejudice and with no right to
23further proceed if a written complaint is not timely filed with
24the Commission or with the appropriate circuit court by the
25complainant pursuant to subparagraph (2) of paragraph (G) or by
26the Department pursuant to subparagraph (1) of paragraph (G).

 

 

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1    (B-1) Mediation. The complainant and respondent may agree
2to voluntarily submit the charge to mediation without waiving
3any rights that are otherwise available to either party
4pursuant to this Act and without incurring any obligation to
5accept the result of the mediation process. Nothing occurring
6in mediation shall be disclosed by the Department or admissible
7in evidence in any subsequent proceeding unless the complainant
8and the respondent agree in writing that such disclosure be
9made.
10    (C) Investigation.
11        (1) The Department shall conduct an investigation
12    sufficient to determine whether the allegations set forth
13    in the charge are supported by substantial evidence.
14        (2) The Director or his or her designated
15    representatives shall have authority to request any member
16    of the Commission to issue subpoenas to compel the
17    attendance of a witness or the production for examination
18    of any books, records or documents whatsoever.
19        (3) If any witness whose testimony is required for any
20    investigation resides outside the State, or through
21    illness or any other good cause as determined by the
22    Director is unable to be interviewed by the investigator or
23    appear at a fact finding conference, his or her testimony
24    or deposition may be taken, within or without the State, in
25    the same manner as is provided for in the taking of
26    depositions in civil cases in circuit courts.

 

 

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1        (4) Upon reasonable notice to the complainant and the
2    respondent, the Department shall conduct a fact finding
3    conference, unless prior to 365 days after the date on
4    which the charge was filed the Director has determined
5    whether there is substantial evidence that the alleged
6    civil rights violation has been committed, the charge has
7    been dismissed for lack of jurisdiction, or the parties
8    voluntarily and in writing agree to waive the fact finding
9    conference. Any party's failure to attend the conference
10    without good cause shall result in dismissal or default.
11    The term "good cause" shall be defined by rule promulgated
12    by the Department. A notice of dismissal or default shall
13    be issued by the Director. The notice of default issued by
14    the Director shall notify the respondent that a request for
15    review may be filed in writing with the Commission within
16    30 days of receipt of notice of default. The notice of
17    dismissal issued by the Director shall give the complainant
18    notice of his or her right to seek review of the dismissal
19    before the Human Rights Commission or commence a civil
20    action in the appropriate circuit court. If the complainant
21    chooses to have the Human Rights Commission review the
22    dismissal order, he or she shall file a request for review
23    with the Commission within 90 days after receipt of the
24    Director's notice. If the complainant chooses to file a
25    request for review with the Commission, he or she may not
26    later commence a civil action in a circuit court. If the

 

 

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1    complainant chooses to commence a civil action in a circuit
2    court, he or she must do so within 90 days after receipt of
3    the Director's notice.
4    (D) Report.
5        (1) Each charge shall be the subject of a report to the
6    Director. The report shall be a confidential document
7    subject to review by the Director, authorized Department
8    employees, the parties, and, where indicated by this Act,
9    members of the Commission or their designated hearing
10    officers.
11        (2) Upon review of the report, the Director shall
12    determine whether there is substantial evidence that the
13    alleged civil rights violation has been committed. The
14    determination of substantial evidence is limited to
15    determining the need for further consideration of the
16    charge pursuant to this Act and includes, but is not
17    limited to, findings of fact and conclusions, as well as
18    the reasons for the determinations on all material issues.
19    Substantial evidence is evidence which a reasonable mind
20    accepts as sufficient to support a particular conclusion
21    and which consists of more than a mere scintilla but may be
22    somewhat less than a preponderance.
23        (3) If the Director determines that there is no
24    substantial evidence, the charge shall be dismissed by
25    order of the Director and the Director shall give the
26    complainant notice of his or her right to seek review of

 

 

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1    the dismissal order before the Commission or commence a
2    civil action in the appropriate circuit court. If the
3    complainant chooses to have the Human Rights Commission
4    review the dismissal order, he or she shall file a request
5    for review with the Commission within 90 days after receipt
6    of the Director's notice. If the complainant chooses to
7    file a request for review with the Commission, he or she
8    may not later commence a civil action in a circuit court.
9    If the complainant chooses to commence a civil action in a
10    circuit court, he or she must do so within 90 days after
11    receipt of the Director's notice.
12        (4) If the Director determines that there is
13    substantial evidence, he or she shall notify the
14    complainant and respondent of that determination. The
15    Director shall also notify the parties that the complainant
16    has the right to either commence a civil action in the
17    appropriate circuit court or request that the Department of
18    Human Rights file a complaint with the Human Rights
19    Commission on his or her behalf. Any such complaint shall
20    be filed within 90 days after receipt of the Director's
21    notice. If the complainant chooses to have the Department
22    file a complaint with the Human Rights Commission on his or
23    her behalf, the complainant must, within 30 days after
24    receipt of the Director's notice, request in writing that
25    the Department file the complaint. If the complainant
26    timely requests that the Department file the complaint, the

 

 

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1    Department shall file the complaint on his or her behalf.
2    If the complainant fails to timely request that the
3    Department file the complaint, the complainant may file his
4    or her complaint with the Commission or commence a civil
5    action in the appropriate circuit court. If the complainant
6    files a complaint with the Human Rights Commission, the
7    complainant shall give notice to the Department of the
8    filing of the complaint with the Human Rights Commission.
9    (E) Conciliation.
10         (1) When there is a finding of substantial evidence,
11    the Department may designate a Department employee who is
12    an attorney licensed to practice in Illinois to endeavor to
13    eliminate the effect of the alleged civil rights violation
14    and to prevent its repetition by means of conference and
15    conciliation.
16        (2) When the Department determines that a formal
17    conciliation conference is necessary, the complainant and
18    respondent shall be notified of the time and place of the
19    conference by registered or certified mail at least 10 days
20    prior thereto and either or both parties shall appear at
21    the conference in person or by attorney.
22        (3) The place fixed for the conference shall be within
23    35 miles of the place where the civil rights violation is
24    alleged to have been committed.
25        (4) Nothing occurring at the conference shall be
26    disclosed by the Department unless the complainant and

 

 

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1    respondent agree in writing that such disclosure be made.
2        (5) The Department's efforts to conciliate the matter
3    shall not stay or extend the time for filing the complaint
4    with the Commission or the circuit court.
5    (F) Complaint.
6        (1) When the complainant requests that the Department
7    file a complaint with the Commission on his or her behalf,
8    the Department shall prepare a written complaint, under
9    oath or affirmation, stating the nature of the civil rights
10    violation substantially as alleged in the charge
11    previously filed and the relief sought on behalf of the
12    aggrieved party. The Department shall file the complaint
13    with the Commission.
14        (2) If the complainant chooses to commence a civil
15    action in a circuit court, he or she must do so in the
16    circuit court in the county wherein the civil rights
17    violation was allegedly committed. The form of the
18    complaint in any such civil action shall be in accordance
19    with the Illinois Code of Civil Procedure.
20    (G) Time Limit.
21        (1) When a charge of a civil rights violation has been
22    properly filed, the Department, within 365 days thereof or
23    within any extension of that period agreed to in writing by
24    all parties, shall issue its report as required by
25    subparagraph (D). Any such report shall be duly served upon
26    both the complainant and the respondent.

 

 

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1        (2) If the Department has not issued its report within
2    365 days after the charge is filed, or any such longer
3    period agreed to in writing by all the parties, the
4    complainant shall have 90 days to either file his or her
5    own complaint with the Human Rights Commission or commence
6    a civil action in the appropriate circuit court. If the
7    complainant files a complaint with the Commission, the form
8    of the complaint shall be in accordance with the provisions
9    of paragraph (F)(1). If the complainant commences a civil
10    action in a circuit court, the form of the complaint shall
11    be in accordance with the Illinois Code of Civil Procedure.
12    The aggrieved party shall notify the Department that a
13    complaint has been filed and shall serve a copy of the
14    complaint on the Department on the same date that the
15    complaint is filed with the Commission or in circuit court.
16    If the complainant files a complaint with the Commission,
17    he or she may not later commence a civil action in circuit
18    court.
19        (3) If an aggrieved party files a complaint with the
20    Human Rights Commission or commences a civil action in
21    circuit court pursuant to paragraph (2) of this subsection,
22    or if the time period for filing a complaint has expired,
23    the Department shall immediately cease its investigation
24    and dismiss the charge of civil rights violation. Any final
25    order entered by the Commission under this Section is
26    appealable in accordance with paragraph (B)(1) of Section

 

 

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1    8-111. Failure to immediately cease an investigation and
2    dismiss the charge of civil rights violation as provided in
3    this paragraph (3) constitutes grounds for entry of an
4    order by the circuit court permanently enjoining the
5    investigation. The Department may also be liable for any
6    costs and other damages incurred by the respondent as a
7    result of the action of the Department.
8        (4) The Department shall stay any administrative
9    proceedings under this Section after the filing of a civil
10    action by or on behalf of the aggrieved party under any
11    federal or State law seeking relief with respect to the
12    alleged civil rights violation.
13    (H) This amendatory Act of 1995 applies to causes of action
14filed on or after January 1, 1996.
15    (I) This amendatory Act of 1996 applies to causes of action
16filed on or after January 1, 1996.
17    (J) The changes made to this Section by Public Act 95-243
18apply to charges filed on or after the effective date of those
19changes.
20    (K) The changes made to this Section by this amendatory Act
21of the 96th General Assembly apply to charges filed on or after
22the effective date of those changes.
23(Source: P.A. 100-492, eff. 9-8-17.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.