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| [ Introduced ] | [ House Amendment 001 ] |
91_HB2827eng HB2827 Engrossed LRB9102703WHdv 1 AN ACT to amend the Illinois Human Rights Act by changing 2 Sections 7-101.1 and 7A-102. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Human Rights Act is amended by 6 changing Sections 7-101.1 and 7A-102 as follows: 7 (775 ILCS 5/7-101.1) 8 Sec. 7-101.1. Request for Review. 9 (A) Jurisdiction. The Chief Legal Counsel of the 10 Department shall have jurisdiction to hear and determine 11 requests for review of (1) decisions of the Director to 12 dismiss a charge; (2) notices of default issued by the 13 Director; and (3) dismissals for refusal to accept a 14 settlement offer. Any final order entered by the Chief Legal 15 Counsel under this Section is appealable in accordance with 16 paragraph (A)(1) of Section 8-111. 17 (B) Review. When a request for review is properly 18 filed, the Chief Legal Counsel of the Department may consider 19 the Director's report, any argument and supplemental evidence 20 timely submitted, and the results of any additional 21 investigation conducted by the Director in response to the 22 request. In his or her discretion, the Chief Legal Counsel 23 of the Department may designate a staff attorney to conduct 24 an investigation into the factual basis of the matter at 25 issue. 26 (C) Default Order. When a respondent fails to file a 27 timely request for review of a notice of default, or the 28 default is sustained on review, the Commission shall enter a 29 default order and set a hearing on damages. 30 (D) Time Period Toll. When a request for review is 31 properly filed,Proceedings on requests for review shall tollHB2827 Engrossed -2- LRB9102703WHdv 1the time limitation established in paragraph (G)(1) of 2 Section 7A-102 or paragraph (G) of Section 7B-102 is tolled 3 on all allegations of that charge from the date on which the 4 Director's notice of dismissal or default is issued to the 5 date on which the order of the Chief Legal Counsel of the 6 Department is entered. 7 (E) This amendatory Act of 1995 applies to causes of 8 action filed on or after January 1, 1996. 9 (F) This amendatory Act of 1996 applies to causes of 10 action filed on or after January 1, 1996. 11 (Source: P.A. 89-370, eff. 8-18-95; 89-520, eff. 7-18-96.) 12 (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102) 13 Sec. 7A-102. Procedures. 14 (A) Charge. 15 (1) Within 180 days after the date that a civil 16 rights violation allegedly has been committed, a charge 17 in writing under oath or affirmation may be filed with 18 the Department by an aggrieved party or issued by the 19 Department itself under the signature of the Director. 20 (2) The charge shall be in such detail as to 21 substantially apprise any party properly concerned as to 22 the time, place, and facts surrounding the alleged civil 23 rights violation. 24 (B) Notice, and Response, and Review of Charge. The 25 Department shall, within 10 days of the date on which the 26 charge was filed, serve a copy of the charge on the 27 respondent. This period shall not be construed to be 28 jurisdictional. The charging party and the respondent may 29 each file a position statement and other materials with the 30 Department regarding the charge of alleged discrimination 31 within 60 days of receipt of the notice of the charge. The 32 position statements and other materials filed shall remain 33 confidential unless otherwise agreed to by the party HB2827 Engrossed -3- LRB9102703WHdv 1 providing the information and shall not be served on or made 2 available to the other party during pendency of a charge with 3 the Department. The Department shall require the respondent 4 to file a verified response to the allegations contained in 5 the charge within 60 days of receipt of the notice of the 6 charge. The respondent shall serve a copy of its response on 7 the complainant or his representative. All allegations 8 contained in the charge not timely denied by the respondent 9 shall be deemed admitted, unless the respondent states that 10 it is without sufficient information to form a belief with 11 respect to such allegation. The Department shall issue a 12 notice of default directed to any respondent who fails to 13 file a verified response to a charge within 60 days of 14 receipt of the notice of the charge, unless the respondent 15 can demonstrate good cause as to why such notice should not 16 issue. Within 30 days of receipt of the respondent's 17 response, the complainant may file a reply to said response 18 and shall serve a copy of said reply on the respondent or his 19 representative. A party shall have the right to supplement 20 his response or reply at any time that the investigation of 21 the charge is pending. The Department shall, within 10 days 22 of the date on which the charge was filed, and again no later 23 than 30335days prior to the expiration of the time 24 limitation established in subparagraph (1) of paragraph (G) 25 and any time period toll pursuant to paragraph (D) of Section 26 7-101.1thereafter, send by certified or registered mail 27 written notice to the complainant and to the respondent 28 informing the complainant of the right to file a complaint 29 with the Human Rights Commission under subparagraph (2) of 30 paragraph (G), including in such notice the dates within 31 which the complainant may exercise this right. In the notice 32 the Department shall notify the complainant that the charge 33 of civil rights violation will be dismissed with prejudice 34 and with no right to further proceed if a written complaint HB2827 Engrossed -4- LRB9102703WHdv 1 is not timely filed with the Commission by the complainant 2 pursuant to subparagraph (2) of paragraph (G) or by the 3 Department pursuant to subparagraph (1) of paragraph (G). 4 (B-1) Mediation. The complainant and respondent may 5 agree to voluntarily submit the charge to mediation without 6 waiving any rights that are otherwise available to either 7 party pursuant to this Act and without incurring any 8 obligation to accept the result of the mediation process. 9 Nothing occurring in mediation shall be disclosed by the 10 Department or admissible in evidence in any subsequent 11 proceeding unless the complainant and the respondent agree in 12 writing that such disclosure be made. 13 (C) Investigation. 14 (1) After the respondent has been notified, the 15 Department shall conduct a full investigation of the 16 allegations set forth in the charge. 17 (2) The Director or his or her designated 18 representatives shall have authority to request any 19 member of the Commission to issue subpoenas to compel the 20 attendance of a witness or the production for examination 21 of any books, records or documents whatsoever. 22 (3) If any witness whose testimony is required for 23 any investigation resides outside the State, or through 24 illness or any other good cause as determined by the 25 Director is unable to be interviewed by the investigator 26 or appear at a fact finding conference, his or her 27 testimony or deposition may be taken, within or without 28 the State, in the same manner as is provided for in the 29 taking of depositions in civil cases in circuit courts. 30 (4) Upon reasonable notice to the complainant and 31 the respondent, the Department shall conduct a fact 32 finding conference prior to 365 days after the date on 33 which the charge was filed, unless the Director has 34 determined whether there is substantial evidence that the HB2827 Engrossed -5- LRB9102703WHdv 1 alleged civil rights violation has been committed or the 2 charge has been dismissed for lack of jurisdiction. If 3 the parties agree in writing, the fact finding conference 4 may be held at a time after the 365 day limit. Any 5 party's failure to attend the conference without good 6 cause shall result in dismissal or default. The term 7 "good cause" shall be defined by rule promulgated by the 8 Department. A notice of dismissal or default shall be 9 issued by the Director and shall notify the relevant 10 party that a request for review may be filed in writing 11 with the Chief Legal Counsel of the Department within 30 12 days of receipt of notice of dismissal or default. 13 (D) Report. 14 (1) Each charge shall be the subject of a report to 15 the Director. The report shall be a confidential 16 document subject to review by the Director, authorized 17 Department employees, the parties, and, where indicated 18 by this Act, members of the Commission or their 19 designated hearing officers. 20 (2) Upon review of the report, the Director shall 21 determine whether there is substantial evidence that the 22 alleged civil rights violation has been committed. The 23 determination of substantial evidence is limited to 24 determining the need for further consideration of the 25 charge pursuant to this Act and includes, but is not 26 limited to, findings of fact and conclusions, as well as 27 the reasons for the determinations on all material issues 28 and questions of credibility. Substantial evidence is 29 evidence which a reasonable mind accepts as sufficient to 30 support a particular conclusion and which consists of 31 more than a mere scintilla but may be somewhat less than 32 a preponderance. 33 (a) If the Director determines that there is 34 no substantial evidence, the charge shall be HB2827 Engrossed -6- LRB9102703WHdv 1 dismissed by order of the Director and the 2 complainant notified that he or she may seek review 3 of the dismissal order before the Chief Legal 4 Counsel of the Department. The complainant shall 5 have 30 days from receipt of notice to file a 6 request for review by the Chief Legal Counsel of the 7 Department. 8 (b) If the Director determines that there is 9 substantial evidence, he or she shall designate a 10 Department employee who is an attorney licensed to 11 practice in Illinois to endeavor to eliminate the 12 effect of the alleged civil rights violation and to 13 prevent its repetition by means of conference and 14 conciliation. 15 (E) Conciliation. 16 (1) When the Department determines that a formal 17 conciliation conference is necessary, the complainant and 18 respondent shall be notified of the time and place of the 19 conference by registered or certified mail at least 10 20 days prior thereto and either or both parties shall 21 appear at the conference in person or by attorney. 22 (2) The place fixed for the conference shall be 23 within 35 miles of the place where the civil rights 24 violation is alleged to have been committed. 25 (3) Nothing occurring at the conference shall be 26 disclosed by the Department unless the complainant and 27 respondent agree in writing that such disclosure be made. 28 (F) Complaint. 29 (1) When there is a failure to settle or adjust any 30 charge through conciliation, the Department shall prepare 31 a written complaint, under oath or affirmation, stating 32 the nature of the civil rights violation substantially 33 as alleged in the charge previously filed and the relief 34 sought on behalf of the aggrieved party. HB2827 Engrossed -7- LRB9102703WHdv 1 (2) The complaint shall be filed with the 2 Commission. 3 (G) Time Limit. 4 (1) When a charge of a civil rights violation has 5 been properly filed, the Department, within 365 days 6 thereof or within any extension of that period agreed to 7 in writing by all parties, shall either issue and file a 8 complaint in the manner and form set forth in this 9 Section or shall order that no complaint be issued and 10 dismiss the charge with prejudice without any further 11 right to proceed except in cases in which the order was 12 procured by fraud or duress. Any such order shall be 13 duly served upon both the complainant and the respondent. 14 (2) Between 365 and 395 days after the charge is 15 filed, or such longer period agreed to in writing by all 16 parties, the aggrieved party may file a complaint with 17 the Commission, if the Director has not sooner issued a 18 report and determination pursuant to paragraphs (D)(1) 19 and (D)(2) of this Section. The form of the complaint 20 shall be in accordance with the provisions of paragraph 21 (F). The aggrieved party shall notify the Department 22 that a complaint has been filed and shall serve a copy of 23 the complaint on the Department on the same date that the 24 complaint is filed with the Commission. 25 (3) If an aggrieved party files a complaint with 26 the Human Rights Commission pursuant to paragraph (2) of 27 this subsection, or if the time period for filing a 28 complaint has expired, the Department shall immediately 29 cease its investigation and dismiss the charge of civil 30 rights violation. Any final order entered by the Chief 31 Legal Counsel under this Section is appealable in 32 accordance with paragraph (A)(1) of Section 8-111. 33 Failure to immediately cease an investigation and dismiss 34 the charge of civil rights violation as provided in this HB2827 Engrossed -8- LRB9102703WHdv 1 paragraph (3) constitutes grounds for entry of an order 2 by the circuit court permanently enjoining the 3 investigation. The Department may also be liable for any 4 costs and other damages incurred by the respondent as a 5 result of the action of the Department. 6 (4) The Department shall stay any administrative 7 proceedings under this Section after the filing of a 8 civil action by or on behalf of the aggrieved party under 9 any federal or State law seeking relief with respect to 10 the alleged civil rights violation. 11 (H) This amendatory Act of 1995 applies to causes of 12 action filed on or after January 1, 1996. 13 (I) This amendatory Act of 1996 applies to causes of 14 action filed on or after January 1, 1996. 15 (Source: P.A. 89-370, eff. 8-18-95; 89-520, eff. 7-18-96.)