(775 ILCS 5/8-101)
(from Ch. 68, par. 8-101)
Illinois Human Rights Commission.
(A) Creation; appointments. The Human Rights Commission is created to consist
of 7 members appointed by the Governor with the advice and consent of the
Senate. No more than 4 members shall be of the same political party. The
Governor shall designate one member as chairperson. All appointments shall
be in writing and filed with the Secretary of State as a public record.
(B) Terms. Of the members first appointed, 4 shall be appointed for a
term to expire on the third Monday of January, 2021, and 3 (including the
Chairperson) shall be appointed for a term to expire on the third Monday
of January, 2023.
Notwithstanding any provision of this Section to the contrary, the term
of office of each member of the Illinois Human Rights Commission is
abolished on January 19, 2019. Incumbent members holding a position on the Commission that was created by Public Act 84-115 and whose terms, if not for this amendatory Act of the 100th General Assembly, would have expired January 18, 2021 shall continue to exercise all of the powers and be
subject to all of the duties of members of the Commission until June 30, 2019 or until
their respective successors are appointed and qualified, whichever is earlier.
Thereafter, each member shall serve for a term of 4 years
and until his or her successor is appointed and qualified; except that any
member chosen to fill a vacancy occurring otherwise than by expiration of
a term shall be appointed only for the unexpired term of the member whom
he or she shall succeed and until his or her successor is appointed and
(1) In the case of vacancies on the Commission
during a recess of the Senate, the Governor shall make a temporary appointment until the next meeting of the Senate when he or she shall appoint a person to fill the vacancy. Any person so nominated and confirmed by the Senate shall hold office for the remainder of the term and until his or her successor is appointed and qualified.
(2) If the Senate is not in session at the time this
Act takes effect, the Governor shall make temporary appointments to the Commission as in the case of vacancies.
(3) Vacancies in the Commission shall not impair the
right of the remaining members to exercise all the powers of the Commission. Except when authorized by this Act to proceed through a 3 member panel, a majority of the members of the Commission then in office shall constitute a quorum.
(D) Compensation. On and after January 19, 2019, the Chairperson of the Commission shall be compensated
at the rate of $125,000 per year, or as set by the Compensation Review
Board, whichever is greater, during his or her service as Chairperson,
and each other member shall be compensated at the rate of $119,000 per
year, or as set by the Compensation Review Board, whichever is greater.
In addition, all members of the Commission shall be reimbursed for expenses
actually and necessarily incurred by them
in the performance of their duties.
(E) Notwithstanding the general supervisory authority of the Chairperson, each commissioner, unless appointed to the special temporary panel created under subsection (H), has the authority to hire and supervise a staff attorney. The staff attorney shall report directly to the individual commissioner.
(F) A formal training program for newly appointed commissioners shall be implemented. The training program shall include the following:
(1) substantive and procedural aspects of the office
(2) current issues in employment discrimination and
public accommodation law and practice;
(3) orientation to each operational unit of the Human
(4) observation of experienced hearing officers and
commissioners conducting hearings of cases, combined with the opportunity to discuss evidence presented and rulings made;
(5) the use of hypothetical cases requiring the newly
appointed commissioner to issue judgments as a means of evaluating knowledge and writing ability;
(6) writing skills; and
(7) professional and ethical standards.
A formal and ongoing professional development program including, but not limited to, the above-noted areas shall be implemented to keep commissioners informed of recent developments and issues and to assist them in maintaining and enhancing their professional competence. Each commissioner shall complete 20 hours of training in the above-noted areas during every 2 years the commissioner remains in office.
(G) Commissioners must meet one of the following qualifications:
(1) licensed to practice law in the State of Illinois;
(2) at least 3 years of experience as a hearing
officer at the Human Rights Commission; or
(3) at least 4 years of professional experience
working for or dealing with individuals or corporations affected by this Act or similar laws in other jurisdictions, including, but not limited to, experience with a civil rights advocacy group, a fair housing group, a trade association, a union, a law firm, a legal aid organization, an employer's human resources department, an employment discrimination consulting firm, or a municipal human relations agency.
The Governor's appointment message, filed with the Secretary of State and transmitted to the Senate, shall state specifically how the experience of a nominee for commissioner meets the requirement set forth in this subsection. The Chairperson must have public or private sector management and budget experience, as determined by the Governor.
Each commissioner shall devote full time to his or her duties and any commissioner who is an attorney shall not engage in the practice of law, nor shall any commissioner hold any other office or position of profit under the United States or this State or any municipal corporation or political subdivision of this State, nor engage in any other business, employment, or vocation.
(H) Notwithstanding any other provision of this Act, the Governor shall appoint, by and with the consent of the Senate, a special temporary panel of commissioners comprised of 3 members. The members shall hold office until the Commission, in consultation with the Governor, determines that the caseload of requests for review has been reduced sufficiently to allow cases to proceed in a timely manner, or for a term of 18 months from the date of appointment by the Governor, whichever is earlier. Each of the 3 members shall have only such rights and powers of a commissioner necessary to dispose of the cases assigned to the special panel. Each of the 3 members appointed to the special panel shall receive the same salary as other commissioners for the duration of the panel. The panel shall have the authority to hire and supervise a staff attorney who shall report to the panel of commissioners.
(Source: P.A. 99-642, eff. 7-28-16; 100-1066, eff. 8-24-18.)