(775 ILCS 5/8-111)
(from Ch. 68, par. 8-111)
(A) Civil Actions Commenced in Circuit Court.
(1) Venue. Civil actions commenced in a circuit
court pursuant to Section 7A-102 shall be commenced in the circuit court in the county in which the civil rights violation was allegedly committed.
(2) If a civil action is commenced in a circuit
court, the form of the complaint shall be in accordance with the Code of Civil Procedure.
(3) If a civil action is commenced in a circuit court
under Section 7A-102, the plaintiff or defendant may demand trial by jury.
(4) Remedies. Upon the finding of a civil rights
violation, the circuit court or jury may award any of the remedies set forth in Section 8A-104.
(B) Judicial Review.
(1) Any complainant or respondent may apply for and
obtain judicial review of a final order of the Commission entered under this Act by filing a petition for review in the Appellate Court within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision. If a 3-member panel or the full Commission finds that an interlocutory order involves a question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, any party may petition the Appellate Court for permission to appeal the order. The procedure for obtaining the required Commission findings and the permission of the Appellate Court shall be governed by Supreme Court Rule 308, except the references to the "trial court" shall be understood as referring to the Commission.
(2) In any proceeding brought for judicial review,
the Commission's findings of fact shall be sustained unless the court determines that such findings are contrary to the manifest weight of the evidence.
(3) Venue. Proceedings for judicial review shall be
commenced in the appellate court for the district wherein the civil rights violation which is the subject of the Commission's order was allegedly committed.
(C) Judicial Enforcement.
(1) When the Commission, at the instance of the
Department or an aggrieved party, concludes that any person has violated a valid order of the Commission issued pursuant to this Act, and the violation and its effects are not promptly corrected, the Commission, through a panel of 3 members, shall order the Department to commence an action in the name of the People of the State of Illinois by complaint, alleging the violation, attaching a copy of the order of the Commission and praying for the issuance of an order directing such person, his or her or its officers, agents, servants, successors and assigns to comply with the order of the Commission.
(2) An aggrieved party may file a complaint for
enforcement of a valid order of the Commission directly in Circuit Court.
(3) Upon the commencement of an action filed under
paragraphs (1) or (2) of subsection (B) of this Section the court shall have jurisdiction over the proceedings and power to grant or refuse, in whole or in part, the relief sought or impose such other remedy as the court may deem proper.
(4) The court may stay an order of the Commission in
accordance with the applicable Supreme Court rules, pending disposition of the proceedings.
(5) The court may punish for any violation of its
order as in the case of civil contempt.
(6) Venue. Proceedings for judicial enforcement of a
Commission order shall be commenced in the circuit court in the county wherein the civil rights violation which is the subject of the Commission's order was committed.
(D) Limitation. Except as otherwise provided by law, no court of this
state shall have jurisdiction over the subject of an alleged civil rights
violation other than as set forth in this Act.
(E) This amendatory Act of 1996 applies to causes of action filed on or
after January 1, 1996.
(F) The changes made to this Section by this amendatory Act of the 95th General Assembly apply to charges or complaints filed with the Department or the Commission on or
after the effective date of those changes.
(Source: P.A. 95-243, eff. 1-1-08.)