| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
HUMAN RIGHTS (775 ILCS 5/) Illinois Human Rights Act. 775 ILCS 5/8A-101
(775 ILCS 5/8A-101) (from Ch. 68, par. 8A-101)
Sec. 8A-101. This Article shall apply solely to Articles 2, 4, 5, and 5A and Sections 6-101 and 6-102 of Article 6. (Source: P.A. 102-362, eff. 1-1-22 .)
|
775 ILCS 5/8A-102 (775 ILCS 5/8A-102) (from Ch. 68, par. 8A-102) Sec. 8A-102. Hearing on Complaint. (A) Services. Within five days after a complaint is filed by the Department, or the aggrieved party, as the case may be, the Commission shall cause it to be served on the respondent together with a notice of hearing before a hearing officer of the Commission at a place therein fixed. (B) Time and Location of Hearing. An initial hearing date shall be scheduled for not less than 30 nor more than 90 days after service of the complaint at a place that is within 100 miles of the place at which the civil rights violation is alleged to have occurred. The hearing officer may, for good cause shown, extend the date of the hearing. (B-5) Intervention by the Department. (1) After the filing of a complaint under Article 2, | | 4, 5, 5A, or 6, the Department may petition and shall be permitted to intervene as a party in the proceeding if the Commission determines that:
|
| (i) the Department has an interest different from
| | one or more of the parties;
|
| (ii) the expertise of the Department makes it
| | better suited to articulate a particular point of view; or
|
| (iii) the representation of the Department's
| | interest by existing parties is or may be inadequate and the Department will or may be bound by an order or judgment in the action.
|
| (2) The Department, as an intervenor, shall have all
| | of the rights of an original party subject to the order of the administrative law judge.
|
| (3) Upon such intervention, the Commission may award
| | such relief as is authorized to be granted to a complainant under Section 8A-104.
|
| (C) Amendment.
(1) A complaint may be amended under oath by leave of
| | the presiding hearing officer, for good cause shown, upon timely written motion and reasonable notice to all interested parties at any time prior to the issuance of a recommended order pursuant to Section 8A-102(I) or 8B-102(J). The amended complaint shall be served upon all parties of record and the Department of Human Rights by the complainant, or by the Department if it prepared and filed the amended complaint, within 7 days of the date of the order permitting its filing or such additional time as the hearing officer may order. Amendments to the complaint may encompass any unlawful discrimination which is like or reasonably related to the charge and growing out of the allegations in such charge, including, but not limited to, allegations of retaliation.
|
| (2) A motion that the complaint be amended to conform
| | to the evidence, made prior to the close of the public hearing, may be addressed orally on the record to the hearing officer, and shall be granted for good and sufficient cause.
|
| (D) Answer.
(1) The respondent shall file an answer under oath or
| | affirmation to the original or amended complaint within 30 days of the date of service thereof, but the hearing officer may, for good cause shown, grant further time for the filing of an answer.
|
| (2) When the respondent files a motion to dismiss the
| | complaint within 30 days and the motion is denied by the hearing officer, the time for filing the answer shall be within 15 days of the date of denial of the motion.
|
| (3) Any allegation in the complaint which is not
| | denied or admitted in the answer is deemed admitted unless the respondent states in the answer that the respondent is without sufficient knowledge or information to form a belief with respect to such allegation.
|
| (4) The failure to file an answer is deemed to
| | constitute an admission of the allegations contained in the complaint.
|
| (5) The respondent has the right to amend the
| | respondent's answer, upon leave of the hearing officer, for good cause shown.
|
| (E) Proceedings In Forma Pauperis.
(1) If the hearing officer is satisfied that the
| | complainant or respondent is a poor person, and unable to prosecute or defend the complaint and pay the costs and expenses thereof, the hearing officer may permit the party to commence and prosecute or defend the action as a poor person. Such party shall have all the necessary subpoenas, appearances, and proceedings without prepayment of witness fees or charges. Witnesses shall attend as in other cases under this Act and the same remedies shall be available for failure or refusal to obey the subpoena as are provided for in Section 8-104 of this Act.
|
| (2) A person desiring to proceed without payment of
| | fees or charges shall file with the hearing officer an affidavit stating that the person is a poor person and unable to pay costs, and that the action is meritorious.
|
| (F) Discovery. The procedure for obtaining discovery of information from parties and witnesses shall be specified by the Commission in rules. If no rule has been promulgated by the Commission on a particular type of discovery, the Code of Civil Procedure may be considered persuasive authority. The types of discovery shall be the same as in civil cases in the circuit courts of this State, provided, however, that a party may take discovery depositions only upon leave of the hearing officer and for good cause shown.
(G) Hearing.
(1) Both the complainant and the respondent may
| | appear at the hearing and examine and cross-examine witnesses.
|
| (2) The testimony taken at the hearing shall be under
| | oath or affirmation and a transcript shall be made and filed in the office of the Commission.
|
| (3) The testimony taken at the hearing is subject to
| | the same rules of evidence that apply in courts of this State in civil cases.
|
| (H) Compelling Appearance of Parties at Hearing. The appearance at the hearing of a party or a person who at the time of the hearing is an officer, director, or employee of a party may be required by serving the party with a notice designating the person who is required to appear. The notice also may require the production at the hearing of documents or tangible things. If the party or person is a nonresident of the county, the hearing officer may order any terms and conditions in connection with the party's or person's appearance at the hearing that are just, including payment of the party's or person's reasonable expenses. Upon a failure to comply with the notice, the hearing officer may enter any order that is just.
(I) Decision.
(1) When all the testimony has been taken, the
| | hearing officer shall determine whether the respondent has engaged in or is engaging in the civil rights violation with respect to the person aggrieved as charged in the complaint. A determination sustaining a complaint shall be based upon a preponderance of the evidence.
|
| (2) The hearing officer shall make findings of fact
| | in writing and, if the finding is against the respondent, shall issue and cause to be served on the parties and the Department a recommended order for appropriate relief as provided by this Act.
|
| (3) If, upon all the evidence, the hearing officer
| | finds that a respondent has not engaged in the discriminatory practice charged in the complaint or that a preponderance of the evidence does not sustain the complaint, the hearing officer shall state the hearing officer's findings of fact and shall issue and cause to be served on the parties and the Department a recommended order dismissing the complaint.
|
| (4) The findings and recommended order of the hearing
| | officer shall be filed with the Commission. The findings and recommended order may be authored by a hearing officer other than the hearing officer who presides at the public hearing if:
|
| (a) the hearing officer who presides at the
| | public hearing is unable to author the findings and recommended order by reason of death, disability, or separation from employment; and
|
| (b) all parties to a complaint file a joint
| | motion agreeing to have the findings and recommended order written by a hearing officer who did not preside at the public hearing.
|
| (5) A recommended order dismissing a complaint may
| | include an award of reasonable attorneys fees in favor of the respondent against the complainant or the complainant's attorney, or both, if the hearing officer concludes that the complaint was frivolous, unreasonable or groundless or that the complainant continued to litigate after it became clearly so.
|
| (6) The hearing officer may issue a recommended order
| | of dismissal with prejudice or a recommended order of default as a sanction for the failure of a party to prosecute the party's case, file a required pleading, appear at a hearing, or otherwise comply with this Act, the rules of the Commission, or a previous order of the hearing officer.
|
| (Source: P.A. 103-335, eff. 1-1-24 .)
|
775 ILCS 5/8A-102.5
(775 ILCS 5/8A-102.5)
Sec. 8A-102.5.
Alternative hearing procedure.
(A) All parties shall be given the right to proceed under this Section.
(B) If all parties to a complaint stipulate to proceedings under this
Section, the complaint shall be resolved in the following manner:
(1) The parties shall select a hearing officer by | | mutual agreement from a pool of hearing officers determined by the Commission.
|
|
(2) The parties shall have a limited right to
| | discovery. The methods of discovery available to the parties shall be specified in rules promulgated by the Commission.
|
|
(3) If a dispositive motion is made with respect to a
| | case, the hearing officer mutually agreed upon shall have the authority to issue a final order disposing of the complaint based upon the motion.
|
|
(4) If the case proceeds to public hearing, the
| | hearing officer mutually agreed upon shall have the authority to issue a final order disposing of the complaint based upon the pleadings and the evidence presented. The final order shall be in sufficient detail to apprise the parties as to the basis for the decisions, but need not contain detailed findings of fact and conclusions of law.
|
|
(C) There is no right of appeal of orders issued under this
Section. By stipulating to resolution of the complaint under this Section,
the parties waive all right of appeal except for orders
procured by fraud or duress.
(D) Final orders issued under this Section are enforceable in
the same manner as orders issued by the Commission.
(Source: P.A. 89-370, eff. 8-18-95.)
|
775 ILCS 5/8A-103
(775 ILCS 5/8A-103) (from Ch. 68, par. 8A-103)
Sec. 8A-103. Review by Commission.
(A) Exceptions. Within 30 days of the receipt of service of the hearing
officer's recommended order, a party may file with the Commission any
written exceptions to any part of the order. Exceptions shall be supported
by argument and served on all parties at the time they are filed. If no
exceptions are filed, the recommended order shall become the order of the
Commission without further review. The Commission shall issue a notice that no exceptions have been filed no later than 30 days after the exceptions were due.
(B) Response. Within 21 days of the receipt of service of exceptions,
a party may file with the Commission any response to the exceptions.
Responses shall be supported by argument and served on all parties at the
time they are filed.
(C) Oral Argument. A party may request oral argument at the time of filing
exceptions or a response to exceptions. When any party requests oral argument
in this manner, the Commission may schedule oral argument to be
heard
by a panel of 3 Commission members. If the panel grants oral argument, it shall notify all parties
of the time and place of argument. Any party so notified may present
oral argument.
(D) Remand.
(1) The Commission, on its own motion or at the | | written request of any party made at the time of filing exceptions or responses, may remand a case to a hearing officer for purposes of a rehearing to reconsider evidence or hear additional evidence in the matter. The Commission shall issue and serve on all parties a written order remanding the cause and specifying the additional evidence.
|
|
(2) The hearing officer presiding at a rehearing
| | shall set a hearing date, in accordance with subsection (B) of Section 8A-102, upon due notice to all parties.
|
|
(3) After conclusion of the rehearing, the hearing
| | officer shall file written findings and recommendations with the Commission and serve copies at the same time on all parties in the same manner as provided in subsection (I) of Section 8A-102. The findings and recommendations shall be subject to review by the Commission as provided in this Section.
|
|
(E) Review.
(1) Following the filing of the findings and
| | recommended order of the hearing officer and any written exceptions and responses, and any other proceedings provided for in this Section, the Commission, through a panel of 3 members, shall decide whether to accept the case for review. If the panel declines to review the recommended order, it shall become the order of the Commission. The Commission shall issue a notice within 30 days after a Commission panel votes to decline review. If the panel accepts the case, it shall review the record and may adopt, modify, or reverse in whole or in part the findings and recommendations of the hearing officer.
|
|
(2) When reviewing a recommended order, the
| | Commission shall adopt the hearing officer's findings of fact if they are not contrary to the manifest weight of the evidence.
|
|
(3) If the Commission accepts a case for review, it
| | shall file its written order and decision in its office and serve copies on all parties together with a notification of the date when it was filed. If the Commission declines to review a recommended order or if no exceptions have been filed, it shall issue a short statement notifying the parties that the recommended order has become the order of the Commission. The statement shall be served on the parties by first class mail.
|
|
(4) A recommended order authored by a non-presiding
| | hearing officer under subparagraph 8A-102(I)(4) of this Act shall be reviewed in the same manner as a recommended order authored by a presiding hearing officer.
|
|
(F) Rehearing.
(1) Within 30 days after service of the Commission's
| | order or statement declining review, a party may file an application for rehearing before the full Commission. The application shall be served on all other parties. The Commission shall have discretion to order a response to the application. The filing of an application for rehearing is optional. The failure to file an application for rehearing shall not be considered a failure to exhaust administrative remedies. This amendatory Act of 1991 applies to pending proceedings as well as those filed on or after its effective date.
|
|
(2) Applications for rehearing shall be viewed with
| | disfavor and may be granted, by vote of 3 Commission members, only upon a clear demonstration that a matter raises legal issues of significant impact or that Commission decisions are in conflict.
|
|
(3) When an application for rehearing is granted, the
| | original order shall be nullified and oral argument before the full Commission shall be scheduled. The Commission may request the parties to file any additional written arguments it deems necessary.
|
|
(G) Modification of Order.
(1) At any time before a final order of the court in
| | a proceeding for judicial review under this Act, the Commission or the 3-member panel that decided the matter, upon reasonable notice, may modify or set aside in whole or in part any finding or order made by it in accordance with this Section.
|
|
(2) Any modification shall be accomplished by the
| | filing and service of a supplemental order and decision by the Commission in the same manner as provided in this Section.
|
|
(H) Extensions of time. All motions for extensions of time with
respect to matters being considered by the Commission shall be decided by
the full Commission or a 3-member panel. If a motion for extension of
time cannot be ruled upon before the filing deadline sought to be
extended, the Chairperson of the Commission shall be authorized to extend
the filing deadline to the date of the next Commission meeting at which the
motion can be considered.
(Source: P.A. 100-1066, eff. 8-24-18; 100-1154, eff. 12-19-18.)
|
775 ILCS 5/8A-104
(775 ILCS 5/8A-104) (from Ch. 68, par. 8A-104)
Sec. 8A-104.
Relief; Penalties.
Upon finding a civil rights
violation, a hearing officer may recommend and the Commission or any
three-member panel thereof may provide for any relief or penalty
identified in this Section, separately or in combination, by entering an
order directing the respondent to:
(A) Cease and Desist Order. Cease and desist from any violation of
this Act.
(B) Actual Damages. Pay actual damages, as reasonably determined by
the Commission, for injury or loss suffered by the complainant.
(C) Hiring; Reinstatement; Promotion; Backpay; Fringe Benefits.
Hire, reinstate or upgrade the complainant with or without back pay or
provide such fringe benefits as the complainant may have been denied.
(D) Restoration of Membership; Admission To Programs. Admit or
restore the complainant to labor organization membership, to a guidance
program, apprenticeship training program, on the job training program,
or other occupational training or retraining program.
(E) Public Accommodations. Admit the complainant to a public
accommodation.
(F) Services. Extend to the complainant the full and equal
enjoyment of the goods, services, facilities, privileges, advantages, or
accommodations of the respondent.
(G) Attorneys Fees; Costs. Pay to the complainant all or a portion
of the costs of maintaining the action, including reasonable attorney
fees and expert witness fees incurred in maintaining this action before the
Department, the Commission and in any judicial review and judicial
enforcement proceedings. Provided, however, that no award of attorney
fees or costs shall be made pursuant to this amendatory Act of 1987 with
respect to any charge for which the complaint before the Commission was
filed prior to December 1, 1987. With respect to all charges for which
complaints were filed with the Commission prior to December 1, 1987,
attorney fees and costs shall be awarded pursuant to the terms of this
subsection as it existed prior to revision by this amendatory Act of 1987.
(H) Compliance Report. Report as to the manner of compliance.
(I) Posting of Notices. Post notices in a conspicuous place which
the Commission may publish or cause to be published setting forth
requirements for compliance with this Act or other relevant information
which the Commission determines necessary to explain this Act.
(J) Make Complainant Whole. Take such action as may be necessary to make
the individual complainant whole, including, but not limited to, awards of
interest on the complainant's actual damages and backpay from the date of the
civil rights violation. Provided, however, that no award of prejudgment
interest shall be made pursuant to this amendatory Act of 1987 with respect
to any charge in which the complaint before the Commission was filed prior
to December 1, 1987. With respect to all charges for which complaints were
filed with the Commission prior to December 1, 1987, make whole relief
shall be awarded pursuant to this subsection as it existed prior to
revision by this amendatory Act of 1987.
There shall be no distinction made under this Section between complaints
filed by the Department and those filed by the aggrieved party.
(Source: P.A. 86-910.)
|
775 ILCS 5/Art. 8B
(775 ILCS 5/Art. 8B heading)
ARTICLE 8B.
PROCEDURES AND RELIEF IN ARTICLE 3
CASES BEFORE THE HUMAN RIGHTS COMMISSION
|
775 ILCS 5/8B-101
(775 ILCS 5/8B-101) (from Ch. 68, par. 8B-101)
Sec. 8B-101. Applicability. The procedures and relief specified in this
Article shall apply solely to complaints filed with the Human Rights
Commission under Article 3 and Section 6-101.5 of Article 6.
(Source: P.A. 102-362, eff. 1-1-22 .)
|
775 ILCS 5/8B-102
(775 ILCS 5/8B-102) (from Ch. 68, par. 8B-102)
Sec. 8B-102.
Hearing on complaint.
(A) Election of Judicial
Determination. When a complaint is filed under Section 7B-102(F) a
complainant, a respondent, or an aggrieved party on whose behalf the
complaint was filed, may elect to have the claims asserted in that
complaint decided in a civil action in a circuit court of Illinois, in
which case the Illinois Code of Civil Procedure shall apply. The
election must be made not later than 20 days after the receipt by the
electing person of service of the complaint by the Commission. The person
making such election shall file it with the Commission and shall give
notice of doing so to the Department and to all other complainants and
respondents to whom the charge relates. If an election is made, the
Commission shall act no further on the complaint and shall administratively
close the file on the complaint. If an election is not made, the Commission
shall continue proceedings on the complaint in accordance with this Act and the
hearing shall be before a hearing officer.
(B) Services. Within 5 days after a complaint is filed by the
Department, the Commission shall cause it to be served on the respondent
and complainant together with a notice of hearing before a hearing officer
of the Commission at a place therein fixed and with information as to how
to make an election under subsection (A) and the effect of such an election.
(C) Time and Location of Hearing. An initial hearing date
shall be scheduled for not less
than 30 nor more than 90 days after service of the complaint at
a place that is within 100 miles of the place at which the civil
rights violation is alleged to have occurred. The hearing officer may,
for good cause shown, extend the date of the hearing.
(D) Amendment.
(1) A complaint may be amended under oath by leave of | | the presiding hearing officer, for good cause shown, upon timely written motion and reasonable notice to all interested parties at any time prior to the issuance of a recommended order pursuant to Section 8A-102(I) or 8B-102(J). The amended complaint shall be served upon all parties of record by the Department within 7 days of the date of the order permitting its filing or such additional time as the hearing officer may order. Amendments to the complaint may encompass any unlawful discrimination which is like or reasonably related to the charge and growing out of the allegations in such charge, including, but not limited to, allegations of retaliation.
|
|
(2) A motion that the complaint be amended to conform
| | to the evidence, made prior to the close of the public hearing, may be addressed orally on the record to the hearing officer, and shall be granted for good and sufficient cause.
|
|
(E) Answer.
(1) The respondent shall file an answer under oath or
| | affirmation to the original or amended complaint within 30 days of the date of service thereof, but the hearing officer may, for good cause shown, grant further time for the filing of an answer.
|
|
(2) When the respondent files a motion to dismiss the
| | complaint within 30 days and the motion is denied by the hearing officer, the time for filing the answer shall be within 15 days of the date of denial of the motion.
|
|
(3) Any allegation in the complaint which is not
| | denied or admitted in the answer is deemed admitted unless the respondent states in the answer that he is without sufficient knowledge or information to form a belief with respect to such allegation.
|
|
(4) The failure to file an answer is deemed to
| | constitute an admission of the allegations contained in the complaint.
|
|
(5) The respondent has the right to amend his answer,
| | upon leave of the hearing officer, for good cause shown.
|
|
(F) Proceedings In Forma Pauperis.
(1) If the hearing officer is satisfied that the
| | complainant or respondent is a poor person, and unable to prosecute or defend the complaint and pay the costs and expenses thereof, the hearing officer may permit the party to commence and prosecute or defend the action as a poor person. Such party shall have all the necessary subpoenas, appearances, and proceedings without prepayment of witness fees or charges. Witnesses shall attend as in other cases under this Act and the same remedies shall be available for failure or refusal to obey the subpoena as are provided for in Section 8-104 of this Act.
|
|
(2) A person desiring to proceed without payment of
| | fees or charges shall file with the hearing officer an affidavit stating that he is a poor person and unable to pay costs, and that the action is meritorious.
|
|
(G) Discovery. The procedures for obtaining discovery of information from
parties and witnesses shall be specified by the Commission in rules. If no
rule
has been promulgated by the Commission on a particular type of discovery, the
Code of Civil Procedure may be considered persuasive authority. The types
of discovery shall be the same as in civil cases in the circuit courts
of this State, provided, however, that a party may take discovery depositions
only upon leave of the hearing officer and for good cause shown.
(H) Hearing.
(1) The Department and the respondent shall be
| | parties in hearings under this Article. The Department shall seek appropriate relief for the complainant and vindication of the public interest. Any complainant may intervene as a party. All parties have the right to examine and cross examine witnesses.
|
|
(2) The testimony taken at the hearing shall be under
| | oath or affirmation and a transcript shall be made and filed in the office of the Commission.
|
|
(3) The testimony taken at the hearing is subject to
| | the same rules of evidence that apply in courts of this State in civil cases.
|
|
(I) Compelling Appearance of Parties at Hearing. The appearance at
the hearing of a party or a person who at the time of the hearing is an
officer, director, or employee of a party may be required by serving the
party with a notice designating the person who is required to appear. The
notice also may require the production at the hearing of documents or
tangible things. If the party or person is a nonresident of the county,
the hearing officer may order any terms and conditions in connection with
his appearance at the hearing that are just, including payment of his
reasonable expenses. Upon a failure to comply with the notice, the hearing
officer may enter any order that is just.
(J) Decision.
(1) When all the testimony has been taken, the
| | hearing officer shall determine whether the respondent has engaged in or is engaging in the civil rights violation with respect to the aggrieved party as charged in the complaint. A determination sustaining a complaint shall be based upon a preponderance of the evidence.
|
|
(2) The hearing officer shall make findings of fact
| | in writing and, if the finding is against the respondent, shall issue and cause to be served on the parties and the Department a recommended order for appropriate relief as provided by this Act.
|
|
(3) If, upon all the evidence, the hearing officer
| | finds that a respondent has not engaged in the civil rights violation charged in the complaint or that a preponderance of the evidence does not sustain the complaint, he shall state his findings of fact and shall issue and cause to be served on the parties and the Department a recommended order dismissing the complaint.
|
|
(4) The findings and recommended order of the hearing
| | officer shall be filed with the Commission. The findings and recommended order may be authored by a hearing officer other than the hearing officer who presides at the public hearing if:
|
|
(a) the hearing officer who presides at the
| | public hearing is unable to author the findings and recommended order by reason of death, disability, or separation from employment; and
|
|
(b) all parties to a complaint file a joint
| | motion agreeing to have the findings and recommended order written by a hearing officer who did not preside at the public hearing.
|
|
(5) The hearing officer may issue a recommended order
| | of dismissal with prejudice or a recommended order of default as a sanction for the failure of a party to prosecute his or her case, file a required pleading, appear at a hearing, or otherwise comply with this Act, the rules of the Commission, or a previous order of the hearing officer.
|
|
(K) Effect of Trial of Civil Action on Administrative Proceedings. A
hearing officer shall not proceed with any administrative proceedings under
this Section after the filing of a civil action by or on behalf of the
aggrieved party under federal or State law seeking relief with respect to the
alleged civil rights violation.
(Source: P.A. 92-472, eff. 1-1-02.)
|
775 ILCS 5/8B-103
(775 ILCS 5/8B-103) (from Ch. 68, par. 8B-103)
Sec. 8B-103. Review by Commission.
(A) Exceptions. Within 30 days of the receipt of service of the hearing
officer's recommended order, a party may file with the Commission any
written exceptions to any part of the order. Exceptions shall be supported
by argument and served on all parties at the time they are filed. If no
exceptions are filed, the recommended order shall become the order of the
Commission without further review. The Commission shall issue a notice that no exceptions have been filed no later than 30 days after the exceptions were due.
(B) Response. Within 21 days of the receipt of service of exceptions,
a party may file with the Commission any response to the exceptions.
Responses shall be supported by argument and served on all parties at the
time they are filed.
(C) Oral Argument. A party may request oral argument at the time of filing
exceptions or a response to exceptions. When any party requests oral argument
in this manner, the Commission may schedule oral argument to be
heard
by a panel of 3 Commission members. If the panel grants oral
argument, it shall notify all parties of
the time and place of argument. Any party so notified may present
oral argument.
(D) Remand.
(1) The Commission, on its own motion or at the | | written request of any party made at the time of filing exceptions or responses, may remand a case to a hearing officer for purposes of a rehearing to reconsider evidence or hear additional evidence in the matter. The Commission shall issue and serve on all parties a written order remanding the cause and specifying the additional evidence.
|
|
(2) The hearing officer presiding at a rehearing
| | shall set a hearing date, in accordance with Section 8B-102(C), upon due notice to all parties.
|
|
(3) After conclusion of the rehearing, the hearing
| | officer shall file written findings and recommendations with the Commission and serve copies at the same time on all parties in the same manner as provided in Section 8B-102(J). The findings and recommendations shall be subject to review by the Commission as provided in this Section.
|
|
(E) Review.
(1) Following the filing of the findings and
| | recommended order of the hearing officer and any written exceptions and responses, and any other proceedings provided for in this Section, the Commission, through a panel of 3 members, may review the record and may adopt, modify, or reverse in whole or in part the findings and recommendations of the hearing officer.
|
|
(2) When reviewing a recommended order, the
| | Commission shall adopt the hearing officer's findings of fact if they are not contrary to the manifest weight of the evidence.
|
|
(3) If the Commission accepts a case for review, it
| | shall file its written order and decision in its office and serve copies on all parties together with a notification of the date when it was filed. If the Commission declines to review a recommended order or if no exceptions have been filed, it shall issue a short statement notifying the parties that the recommended order has become the order of the Commission. The statement shall be served on the parties by first class mail.
|
|
(3.1) A recommended order authored by a non-presiding
| | hearing officer under subparagraph 8B-102(J)(4) shall be reviewed in the same manner as a recommended order authored by a presiding hearing officer.
|
|
(4) The Commission shall issue a final decision
| | within one year of the date a charge is filed with the Department unless it is impracticable to do so. If the Commission is unable to issue a final decision within one year of the date the charge is filed with the Department, it shall notify all parties in writing of the reasons for not doing so.
|
|
(F) Rehearing.
(1) Within 30 days after service of the Commission's
| | order or statement declining review, a party may file an application for rehearing before the full Commission. The application shall be served on all other parties. The Commission shall have discretion to order a response to the application. The filing of an application for rehearing is optional. The failure to file an application for rehearing shall not be considered a failure to exhaust administrative remedies. This amendatory Act of 1991 applies to pending proceedings as well as those filed on or after its effective date.
|
|
(2) Applications for rehearing shall be viewed with
| | disfavor, and may be granted, by vote of 3 Commission members, only upon a clear demonstration that a matter raises legal issues of significant impact or that Commission decisions are in conflict.
|
|
(3) When an application for rehearing is granted, the
| | original order shall be nullified and oral argument before the full Commission shall be scheduled. The Commission may request the parties to file any additional written arguments it deems necessary.
|
|
(G) Modification of Order.
(1) At any time before a final order of the court in
| | a proceeding for judicial review under this Act, the Commission or the 3-member panel that decided the matter, upon reasonable notice, may modify or set aside in whole or in part any finding or order made by it in accordance with this Section.
|
|
(2) Any modification shall be accomplished by the
| | filing and service of a supplemental order and decision by the Commission in the same manner as provided in this Section.
|
|
(H) Extensions of time. All motions for extensions of time with
respect to matters being considered by the Commission shall be decided by
the full Commission or a 3-member panel. If a motion for extension of
time cannot be ruled upon before the filing deadline sought to be
extended, the Chairperson of the Commission shall be authorized to extend
the filing deadline to the date of the next Commission meeting at which the
motion can be considered.
(Source: P.A. 100-1066, eff. 8-24-18; 100-1154, eff. 12-19-18.)
|
775 ILCS 5/8B-104
(775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104)
Sec. 8B-104. Relief; penalties. Upon finding a civil rights
violation, a hearing officer may recommend and the Commission or any
three-member panel thereof may provide for any relief or penalty
identified in this Section, separately or in combination, by entering an
order directing the respondent to:
(A) Cease and Desist Order. Cease and desist from | | any violation of this Act.
|
|
(B) Actual Damages. Pay actual damages, as
| | reasonably determined by the Commission, for injury or loss suffered by the complainant.
|
|
(C) Civil Penalty. Pay a civil penalty to vindicate
| |
(i) in an amount not exceeding $16,000 if the
| | respondent has not been adjudged to have committed any prior civil rights violation under Article 3;
|
|
(ii) in an amount not exceeding $42,500 if the
| | respondent has been adjudged to have committed one other civil rights violation under Article 3 during the 5-year period ending on the date of the filing of this charge; and
|
|
(iii) in an amount not exceeding $70,000 if the
| | respondent has been adjudged to have committed 2 or more civil rights violations under Article 3 during the 7-year period ending on the date of the filing of this charge; except that if the acts constituting the civil rights violation that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a civil rights violation under Article 3, then the civil penalties set forth in subparagraphs (ii) and (iii) may be imposed without regard to the period of time within which any subsequent civil rights violation under Article 3 occurred.
|
|
(D) Attorney Fees; Costs. Pay to the complainant all
| | or a portion of the costs of maintaining the action, including reasonable attorneys fees and expert witness fees incurred in maintaining this action before the Department, the Commission and in any judicial review and judicial enforcement proceedings.
|
|
(E) Compliance Report. Report as to the manner of
| |
(F) Posting of Notices. Post notices in a
| | conspicuous place which the Commission may publish or cause to be published setting forth requirements for compliance with this Act or other relevant information which the Commission determines necessary to explain this Act.
|
|
(G) Make Complainant Whole. Take such action as may
| | be necessary to make the individual complainant whole, including, but not limited to, awards of interest on the complainant's actual damages from the date of the civil rights violation.
|
|
(Source: P.A. 99-548, eff. 1-1-17 .)
|
775 ILCS 5/Art. 9
(775 ILCS 5/Art. 9 heading)
ARTICLE 9.
SAVINGS PROVISIONS
|
775 ILCS 5/9-101
(775 ILCS 5/9-101) (from Ch. 68, par. 9-101)
Sec. 9-101.
Transfer; savings.
(A) Personnel.
(1) All personnel previously assigned to the Fair | | Employment Practices Commission, Department of Equal Employment Opportunity, and Human Relations Commission shall be transferred, in accordance with this Act to the Department or Commission.
|
|
(2) The rights of employees, the state, and its
| | executive agencies under the Personnel Code, any collective bargaining agreement, or any pension, retirement or annuity plan shall not be affected by this Act.
|
|
(B) Documents; Property. All books, records, papers, documents, and property
in the possession of the Fair Employment Practices Commission, Department
of Equal Employment Opportunity, and Human Relations Commission shall be
transferred, in accordance with this Act to the Department or Commission.
(C) Service of Documents; Response to Subpoenas. Any report, notice, paper,
document or response to a subpoena which previously had to be made, given,
furnished or served to or upon the Fair Employment Practices Commission,
Department of Equal Employment Opportunity and Human Relations Commission
shall be made, given, furnished or served, in accordance with this Act to
the Department.
(D) Rules and Regulations. No rule or regulation promulgated by the Fair
Employment Practices Commission, Department of Equal Employment Opportunity,
or Human Relations Commission, including those now in effect and those filed
pursuant to the Illinois Administrative Procedure Act, shall be abrogated
by this
Act. In accordance with this Act they shall be deemed rules and regulations
of the Department or the Commission.
(E) Completed Acts. This Act shall not affect any act completed, ratified
or confirmed or any action taken in a judicial proceeding by or any right
accrued or established under the authority of the Fair Employment Practices
Commission, Department of Equal Employment Opportunity, Human Relations
Commission. Such actions shall be continued, in accordance with this Act,
by the Department or Commission.
(F) Appropriations. Appropriations made to or for the use of the Fair
Employment Practices Commission, Department of Equal Employment Opportunity,
and Human Relations Commission shall be transferred, in accordance with
Section 9b of the State Finance Act,
to the Department or Commission.
(Source: P.A. 91-357, eff. 7-29-99.)
|
775 ILCS 5/9-102
(775 ILCS 5/9-102) (from Ch. 68, par. 9-102)
Sec. 9-102. Pending matters. (A) Charges; Complaints; Causes of Action. This Act shall
not affect or abate any cause of action, charge, complaint or other
matter pending before or accrued under the jurisdiction of
the Fair Employment Practices Commission or the Department of Equal
Employment Opportunity. Each charge, complaint, or matter shall be
assumed by the Department or Commission, as provided in this Act, at the
same stage, or a parallel stage, of proceeding to which it had
progressed prior to the effective date of this Act.
(B) Special Cases. The Human Rights Act shall not in any way affect or
abate any right,
claim or cause of action under the "Equal Opportunities for the Handicapped
Act", approved August 23, 1971, as amended, which accrued or arose prior
to July 1, 1980.
(Source: P.A. 99-642, eff. 7-28-16.)
|
775 ILCS 5/Art. 10
(775 ILCS 5/Art. 10 heading)
ARTICLE 10.
CIRCUIT COURT ACTIONS
|
775 ILCS 5/10-101
(775 ILCS 5/10-101) (from Ch. 68, par. 10-101)
Sec. 10-101. Applicability. With the exception of Sections 10-104 and 10-105, this Article shall apply solely to civil
actions arising under Article 3 of this Act.
(Source: P.A. 103-335, eff. 1-1-24 .)
|
775 ILCS 5/10-102
(775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
Sec. 10-102. Court Actions. (A) Circuit Court Actions. (1) An aggrieved party may commence a civil action in | | an appropriate Circuit Court not later than 2 years after the occurrence or the termination of an alleged civil rights violation or the breach of a conciliation or settlement agreement entered into under this Act, whichever occurs last, to obtain appropriate relief with respect to the alleged civil rights violation or breach. The plaintiff or defendant may demand trial by jury for civil actions brought under this subsection. Venue for such civil action shall be determined under Section 8-111(A)(1).
|
|
(2) The computation of such 2-year period shall not
| | include any time during which an administrative proceeding under this Act was pending with respect to a complaint or charge under this Act based upon the alleged civil rights violation. This paragraph does not apply to actions arising from a breach of a conciliation or settlement agreement.
|
|
(3) An aggrieved party may commence a civil action
| | under this subsection whether or not a charge has been filed under Section 7B-102 and without regard to the status of any such charge, however, if the Department or local agency has obtained a conciliation or settlement agreement with the consent of an aggrieved party, no action may be filed under this subsection by such aggrieved party with respect to the alleged civil rights violation practice which forms the basis for such complaint except for the purpose of enforcing the terms of such conciliation or settlement agreement.
|
|
(4) An aggrieved party shall not commence a civil
| | action under this subsection with respect to an alleged civil rights violation which forms the basis of a complaint issued by the Department if a hearing officer has commenced a hearing on the record under Article 3 of this Act with respect to such complaint.
|
|
(B) Appointment of Attorney by Court. Upon application by a person
alleging a civil rights violation or a person against whom
the civil rights violation is alleged, if in the opinion of the court such
person is financially unable to bear the costs of such action, the court may:
(1) appoint an attorney for such person, any attorney
| | so appointed may petition for an award of attorneys fees pursuant to subsection (C)(2) of this Section; or
|
|
(2) authorize the commencement or continuation of a
| | civil action under subsection (A) without the payment of fees, costs, or security.
|
|
(C) Relief which may be granted.
(1) In a civil action under subsection (A) if the
| | court finds that a civil rights violation has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages, and may grant as relief, as the court deems appropriate, any permanent or preliminary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such civil rights violation or ordering such affirmative action as may be appropriate.
|
|
(2) In a civil action under subsection (A), the
| | court, in its discretion, may allow the prevailing party, other than the State of Illinois, reasonable attorneys fees and costs. The State of Illinois shall be liable for such fees and costs to the same extent as a private person.
|
|
(D) Intervention by the Attorney General. If the Department certifies that the case is of general public importance, the Attorney General
may seek to intervene on behalf of the Department in a civil action filed by a complainant in State or federal court under this Section. Upon such intervention, the court
may award any of the remedies set forth in Section 8B-104 and subsection (B) of Section 10-104.
(Source: P.A. 102-706, eff. 4-22-22; 103-335, eff. 1-1-24 .)
|
775 ILCS 5/10-103
(775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
Sec. 10-103. Circuit court actions pursuant to election. (A) If an
election is made under Section 8B-102, the Department shall authorize and
not later than 30 days after the entry of the administrative closure order by the Commission the Attorney General
shall commence and maintain a civil action on behalf of the aggrieved
party in a circuit court of Illinois seeking relief under this Section.
Venue for such civil action shall be determined under Section 8-111(A)(1).
(B) Any aggrieved party with respect to the issues to be determined in
a civil action under this Section may intervene as of right in that civil action.
(C) In a civil action under this Section, if the court finds that a
civil rights violation
has occurred or is about to occur the court may grant as relief any relief
which a court could grant with respect to such civil rights violation
in a civil action under Section 10-102. Any relief so granted that
would accrue to an aggrieved party in a civil action commenced by that
aggrieved party under Section 10-102 shall also accrue to that aggrieved
party in a civil action under this Section. If monetary relief is
sought for the benefit of an aggrieved party who does not intervene in the
civil action, the court shall not award such relief if that aggrieved
party has not complied with discovery orders entered by the court.
(Source: P.A. 101-530, eff. 1-1-20; 101-661, eff. 4-2-21.)
|
775 ILCS 5/10-104 (775 ILCS 5/10-104) Sec. 10-104. Circuit Court Actions by the Illinois Attorney General. (A) Standing, venue, limitations on actions, preliminary investigations, notice, and Assurance of Voluntary Compliance. (1) Whenever the Illinois Attorney General has | | reasonable cause to believe that any person or group of persons is engaged in a pattern and practice of discrimination prohibited by this Act, the Illinois Attorney General may commence a civil action in the name of the People of the State, as parens patriae on behalf of persons within the State to enforce the provisions of this Act in any appropriate circuit court. Venue for this civil action shall be determined under paragraph (1) of subsection (A) of Section 8-111. Such actions shall be commenced no later than 2 years after the occurrence or the termination of an alleged civil rights violation or the breach of a conciliation agreement or Assurance of Voluntary Compliance entered into under this Act, whichever occurs last, to obtain relief with respect to the alleged civil rights violation or breach.
|
| (2) Prior to initiating a civil action, the Attorney
| | General shall conduct a preliminary investigation to determine whether there is reasonable cause to believe that any person or group of persons is engaged in a pattern and practice of discrimination declared unlawful by this Act and whether the dispute can be resolved without litigation. In conducting this investigation, the Attorney General may:
|
| (a) require the individual or entity to file a
| | statement or report in writing under oath or otherwise, as to all information the Attorney General may consider necessary;
|
| (b) examine under oath any person alleged to have
| | participated in or with knowledge of the alleged pattern and practice violation; or
|
| (c) issue subpoenas or conduct hearings in aid of
| | (3) Service by the Attorney General of any notice
| | requiring a person to file a statement or report, or of a subpoena upon any person, shall be made:
|
| (a) personally by delivery of a duly executed
| | copy thereof to the person to be served or, if a person is not a natural person, in the manner provided in the Code of Civil Procedure when a complaint is filed; or
|
| (b) by mailing by certified mail a duly executed
| | copy thereof to the person to be served at his or her last known abode or principal place of business within this State.
|
| (4) In lieu of a civil action, the individual or
| | entity alleged to have engaged in a pattern or practice of discrimination deemed violative of this Act may enter into an Assurance of Voluntary Compliance with respect to the alleged pattern or practice violation.
|
| (5) The Illinois Attorney General may commence a
| | civil action under this subsection (A) whether or not a charge has been filed under Sections 7A-102 or 7B-102 and without regard to the status of any charge, however, if the Department or local agency has obtained a conciliation or settlement agreement or if the parties have entered into an Assurance of Voluntary Compliance no action may be filed under this subsection (A) with respect to the alleged civil rights violation practice that forms the basis for the complaint except for the purpose of enforcing the terms of the conciliation or settlement agreement or the terms of the Assurance of Voluntary Compliance.
|
| (6) Subpoenas.
(a) Petition for enforcement. Whenever any person
| | fails to comply with any subpoena issued under paragraph (2) of this subsection (A), or whenever satisfactory copying or reproduction of any material requested in an investigation cannot be done and the person refuses to surrender the material, the Attorney General may file in any appropriate circuit court, and serve upon the person, a petition for a court order for the enforcement of the subpoena or other request. Venue for this enforcement action shall be determined under paragraph (E)(1) of Section 8-104.
|
| (b) Petition to modify or set aside a subpoena.
(i) Any person who has received a subpoena
| | issued under paragraph (2) of this subsection (A) may file in the appropriate circuit court, and serve upon the Attorney General, a petition for a court order to modify or set aside the subpoena or other request. The petition must be filed either (I) within 20 days after the date of service of the subpoena or at any time before the return date specified in the subpoena, whichever date is earlier, or (II) within such longer period as may be prescribed in writing by the Attorney General.
|
| (ii) The petition shall specify each ground
| | upon which the petitioner relies in seeking relief under subdivision (i) and may be based upon any failure of the subpoena to comply with the provisions of this Section or upon any constitutional or other legal right or privilege of the petitioner. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the subpoena or other request, in whole or in part, except that the petitioner shall comply with any portion of the subpoena or other request not sought to be modified or set aside.
|
| (c) Jurisdiction. Whenever any petition is filed
| | in any circuit court under this paragraph (6), the court shall have jurisdiction to hear and determine the matter so presented and to enter such orders as may be required to carry out the provisions of this Section. Any final order so entered shall be subject to appeal in the same manner as appeals of other final orders in civil matters. Any disobedience of any final order entered under this paragraph (6) by any court shall be punished as a contempt of the court.
|
| (B) Relief which may be granted.
(1) In any civil action brought pursuant to
| | subsection (A) of this Section, the Attorney General may obtain as a remedy, equitable relief (including any permanent or preliminary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such civil rights violation or ordering any action as may be appropriate). In addition, the Attorney General may request and the Court may impose a civil penalty to vindicate the public interest:
|
| (a) for violations of Article 3 and Article 4 in
| | an amount not exceeding $25,000 per violation, and in the case of violations of all other Articles in an amount not exceeding $10,000 if the defendant has not been adjudged to have committed any prior civil rights violations under the provision of the Act that is the basis of the complaint;
|
| (b) for violations of Article 3 and Article 4 in
| | an amount not exceeding $50,000 per violation, and in the case of violations of all other Articles in an amount not exceeding $25,000 if the defendant has been adjudged to have committed one other civil rights violation under the provision of the Act within 5 years of the occurrence of the civil rights violation that is the basis of the complaint; and
|
| (c) for violations of Article 3 and Article 4 in
| | an amount not exceeding $75,000 per violation, and in the case of violations of all other Articles in an amount not exceeding $50,000 if the defendant has been adjudged to have committed 2 or more civil rights violations under the provision of the Act within 5 years of the occurrence of the civil rights violation that is the basis of the complaint.
|
| (2) A civil penalty imposed under subdivision (B)(1)
| | of this Section shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund, which is a special fund in the State Treasury. Moneys in the Fund shall be used, subject to appropriation, for the performance of any function pertaining to the exercise of the duties of the Attorney General including but not limited to enforcement of any law of this State and conducting public education programs; however, any moneys in the Fund that are required by the court or by an agreement to be used for a particular purpose shall be used for that purpose.
|
| (3) Aggrieved parties seeking actual damages must
| | follow the procedure set out in Sections 7A-102 or 7B-102 for filing a charge.
|
|
(Source: P.A. 101-661, eff. 4-2-21.)
|
775 ILCS 5/10-105 (775 ILCS 5/10-105) Sec. 10-105. Intervention by the Attorney General. If the Department certifies that the case is of general public importance, the Attorney General may seek to intervene on behalf of the Department in a civil action filed by a complainant in State or federal court under Section 7A-102. Upon such intervention, the court or jury may award any of the remedies set forth in Section 8A-104 and subsection (B) of Section 10-104. (Source: P.A. 103-335, eff. 1-1-24 .) |
|
|
|