(775 ILCS 5/7A-104)
(from Ch. 68, par. 7A-104)
(A) Temporary Relief. (1) At any
time after a charge is filed, the Department or complainant may petition the
appropriate court for temporary relief, pending final determination of
the proceedings under this Act, including an order or judgment restraining
the respondent from doing or causing any act which would render
ineffectual an order which the Commission may enter with respect to the
complainant. Whether it is brought by the Department or by the
complainant, the petition shall contain a certification by the Director
that the particular matter presents exceptional circumstances in which
irreparable injury will result from a civil rights violation in the
absence of temporary relief.
(2) The petition shall be filed in the circuit court for the county
in which the respondent resides or transacts business or in which the
alleged violation took place, and the proceedings shall be governed by Part I of Article
XI of the "Code of Civil Procedure", as amended.
Except as provided in subsection (A) (3), the court may grant temporary
relief or a temporary restraining order as it deems just and proper.
(3) When the petition is based upon a civil rights violation as
defined in Article 3 of this Act, the relief or restraining order
entered by the court shall not exceed 5 days unless:
(a) A longer period is agreed to by the respondent; or
(b) The court finds that there is substantial evidence to
demonstrate that the respondent has engaged in unlawful discrimination.
(B) Expedited Proceedings. (1) A complainant or the Department at the request
of the complainant may at any time petition the circuit court for expedited
proceedings. Except as to causes the circuit court considers to be of greater
importance, consideration of petitions for expedited proceedings under
this subsection shall take precedence on the docket over all other causes
and be assigned for hearing at the earliest practicable date and expedited
in every way.
(2) Venue for a petition filed under this subsection shall lie in the
county where the respondent resides or is found or where the alleged
violation was committed.
(3) Any petition filed by the complainant shall name the Department,
Commission and the respondent. Any petition filed by the Department, upon request of
the complainant, shall name the Commission and the respondent.
(4) If the circuit court determines that the complainant is likely to
die before the termination of the proceedings under this Act, it may order
the proceedings expedited. When an order for expedited proceedings is
issued, the processing of the complainant's charge by the Department and
Commission shall take precedence over all matters except older matters of
the same character. Where such order is issued, the Department, the
Commission, any panel of the Commission, or any Commission hearing officer shall be
authorized to shorten any time period, other than the 180 day charge filing
period set by this Act or by rule. If such an order is issued and the
complainant is before the Department, the Department shall immediately
appoint an investigator if an investigator has not been appointed and shall
in 90 days either file a complaint or order that no complaint be issued.
Department fails to make a determination within 90 days the complainant
shall have 30 days to file his complaint with the Commission.
(C) Enforcement of Commission Orders. When authorized by this Act,
the Department, at the request of the Commission, may take whatever action
may be authorized for the enforcement of Commission orders.
(Source: P.A. 86-910; 86-1028.)