HB1552 EngrossedLRB097 06777 AJO 46868 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 180 days after the date that a civil rights
10    violation allegedly has been committed, a charge in writing
11    under oath or affirmation may be filed with the Department
12    by an aggrieved party or issued by the Department itself
13    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    (A-1) Equal Employment Opportunity Commission Charges. A
19charge filed with the Equal Employment Opportunity Commission
20within 180 days after the date of the alleged civil rights
21violation shall be deemed filed with the Department on the date
22filed with the Equal Employment Opportunity Commission. Upon
23receipt of a charge filed with the Equal Employment Opportunity

 

 

HB1552 Engrossed- 2 -LRB097 06777 AJO 46868 b

1Commission, the Department shall notify the complainant that he
2or she may proceed with the Department. The complainant must
3notify the Department of his or her decision in writing within
435 days of receipt of the Department's notice to the
5complainant and the Department shall close the case if the
6complainant does not do so. If the complainant proceeds with
7the Department, the Department shall take no action until the
8Equal Employment Opportunity Commission makes a determination
9on the charge. Upon receipt of the Equal Employment Opportunity
10Commission's determination, the Department shall cause the
11charge to be filed under oath or affirmation and to be in such
12detail as provided for under subparagraph (2) of paragraph (A).
13For those charges alleging violations within the jurisdiction
14of the Equal Employment Opportunity Commission and the
15Department and for which the Equal Employment Opportunity
16Commission does not determine that there is reasonable cause to
17believe that discrimination occurred, the Department shall
18adopt the Equal Employment Opportunity Commission's
19determination which shall be deemed a determination by the
20Department for all purposes under this Act. For those charges
21where the Equal Employment Opportunity Commission determines
22that there is reasonable cause to believe that discrimination
23occurred, the Department, at its discretion, shall either adopt
24the Equal Employment Opportunity Commission's determination or
25process the charge pursuant to this Act. At the Department's
26discretion, the Department shall either adopt the Equal

 

 

HB1552 Engrossed- 3 -LRB097 06777 AJO 46868 b

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

 

 

HB1552 Engrossed- 4 -LRB097 06777 AJO 46868 b

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

 

 

HB1552 Engrossed- 5 -LRB097 06777 AJO 46868 b

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

 

 

HB1552 Engrossed- 6 -LRB097 06777 AJO 46868 b

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

 

 

HB1552 Engrossed- 7 -LRB097 06777 AJO 46868 b

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

 

 

HB1552 Engrossed- 8 -LRB097 06777 AJO 46868 b

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

 

 

HB1552 Engrossed- 9 -LRB097 06777 AJO 46868 b

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

 

 

HB1552 Engrossed- 10 -LRB097 06777 AJO 46868 b

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.

 

 

HB1552 Engrossed- 11 -LRB097 06777 AJO 46868 b

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

 

 

HB1552 Engrossed- 12 -LRB097 06777 AJO 46868 b

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. 95-243, eff. 1-1-08; 96-876, eff. 2-2-10.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.