093_SB1492eng

 
SB1492 Engrossed                     LRB093 06770 MBS 06908 b

 1        AN ACT concerning court actions.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Human Rights Act is  amended  by
 5    changing Sections 10-101 and 10-102 as follows:

 6        (775 ILCS 5/10-101) (from Ch. 68, par. 10-101)
 7        Sec.  10-101.   Applicability.   This Article shall apply
 8    solely to civil actions arising under Articles 2 and  Article
 9    3 of this Act.
10    (Source: P.A. 86-910.)

11        (775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
12        Sec.  10-102.  Court Actions.  (A) Circuit Court Actions.
13    (1) An aggrieved party may commence  a  civil  action  in  an
14    appropriate  Circuit  Court  not later than 2 years after the
15    occurrence or the termination  of  an  alleged  civil  rights
16    violation  or  the  breach  of  a  conciliation or settlement
17    agreement entered into under this Act, whichever occurs last,
18    to obtain appropriate relief  with  respect  to  the  alleged
19    civil  rights  violation  or  breach.   Venue  for such civil
20    action shall be determined under Section 8-111(B)(6).  In the
21    case of a civil action arising under Article 2 of  this  Act,
22    no  action  shall be commenced sooner than 365 days after the
23    filing of a charge under Section 7A-102(A)(1).
24        (2)  The computation of  such  2-year  period  shall  not
25    include  any  time  during which an administrative proceeding
26    under this Act was pending with respect  to  a  complaint  or
27    charge  under  this  Act  based upon the alleged civil rights
28    violation.  This paragraph does not apply to actions  arising
29    from a breach of a conciliation or settlement agreement.
30        (3)  An  aggrieved  party  may  commence  a  civil action
 
SB1492 Engrossed            -2-      LRB093 06770 MBS 06908 b
 1    arising under Article 3 of this  Act  under  this  subsection
 2    whether  or  not a charge has been filed under Section 7B-102
 3    and without  regard  to  the  status  of  any  such  charge.,
 4    However,  if  the  Department  or local agency has obtained a
 5    conciliation or settlement agreement with the consent  of  an
 6    aggrieved party, no action may be filed under this subsection
 7    by  such  aggrieved  party  arising under Article 2 or 3 with
 8    respect to the alleged civil rights violation practice  which
 9    forms  the basis for such complaint except for the purpose of
10    enforcing  the  terms  of  such  conciliation  or  settlement
11    agreement.
12        (4)  An aggrieved party shall not commence a civil action
13    under this subsection with respect to an alleged civil rights
14    violation which forms the basis of a complaint issued by  the
15    Department  if  a  hearing officer has commenced a hearing on
16    the record under Article 2 or 3 of this Act with  respect  to
17    such complaint.
18        (B)  Appointment  of Attorney by Court.  Upon application
19    by a person alleging a civil rights  violation  or  a  person
20    against whom the civil rights violation is alleged, if in the
21    opinion  of  the  court  such person is financially unable to
22    bear the costs of such action, the court may:
23        (1)  appoint an attorney for such person, any attorney so
24    appointed  may  petition  for  an  award  of  attorneys  fees
25    pursuant to subsection (C)(2) of this Section; or
26        (2)  authorize the  commencement  or  continuation  of  a
27    civil  action  under  subsection  (A)  without the payment of
28    fees, costs, or security.
29        (C)  Relief which may be granted.  (1)  In a civil action
30    under subsection (A) if the court or jury finds that a  civil
31    rights  violation  has  occurred or is about to occur, it the
32    court may award to the plaintiff actual and punitive  damages
33    (except  no  punitive  damages  shall  be awarded against the
34    State in a civil action under Article 3 of this Act), and the
 
SB1492 Engrossed            -3-      LRB093 06770 MBS 06908 b
 1    court may grant as relief, as the  court  deems  appropriate,
 2    any    permanent   or   preliminary   injunction,   temporary
 3    restraining  order,  or  other  order,  including  an   order
 4    enjoining  the  defendant  from engaging in such civil rights
 5    violation or ordering  such  affirmative  action  as  may  be
 6    appropriate,  including,  in  the case of civil actions under
 7    Article 2 of this Act, reinstatement or hiring of  employees,
 8    with  or  without  backpay, or any other equitable relief the
 9    court deems appropriate.
10        (2)  In a civil action under subsection (A),  the  court,
11    in its discretion, may allow the prevailing party, other than
12    the  State  of Illinois, reasonable attorneys fees and costs.
13    The State of Illinois shall be liable for such fees and costs
14    to the same extent as a private person.
15        (D)  Intervention  By  The  Department.    The   Attorney
16    General of Illinois may intervene on behalf of the Department
17    if  the  Department  certifies  that  the  case is of general
18    public importance.  Upon  such  intervention  the  court  may
19    award  such  relief  as  is  authorized  to  be  granted to a
20    plaintiff in a civil action under Section 10-102(C).
21    (Source: P.A. 86-910.)