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Public Act 100-0492


 

Public Act 0492 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0492
 
HB3092 EnrolledLRB100 05780 HEP 21441 b

    AN ACT concerning human rights.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Human Rights Act is amended by
changing Sections 7A-102 and 7B-102 as follows:
 
    (775 ILCS 5/7A-102)  (from Ch. 68, par. 7A-102)
    Sec. 7A-102. Procedures.
    (A) Charge.
        (1) Within 180 days after the date that a civil rights
    violation allegedly has been committed, a charge in writing
    under oath or affirmation may be filed with the Department
    by an aggrieved party or issued by the Department itself
    under the signature of the Director.
        (2) The charge shall be in such detail as to
    substantially apprise any party properly concerned as to
    the time, place, and facts surrounding the alleged civil
    rights violation.
        (3) Charges deemed filed with the Department pursuant
    to subsection (A-1) of this Section shall be deemed to be
    in compliance with this subsection.
    (A-1) Equal Employment Opportunity Commission Charges.
        (1) If a charge is filed with the Equal Employment
    Opportunity Commission (EEOC) within 180 days after the
    date of the alleged civil rights violation, the charge
    shall be deemed filed with the Department on the date filed
    with the EEOC. If the EEOC is the governmental agency
    designated to investigate the charge first, the Department
    shall take no action until the EEOC makes a determination
    on the charge and after the complainant notifies the
    Department of the EEOC's determination. In such cases,
    after receiving notice from the EEOC that a charge was
    filed, the Department shall notify the parties that (i) a
    charge has been received by the EEOC and has been sent to
    the Department for dual filing purposes; (ii) the EEOC is
    the governmental agency responsible for investigating the
    charge and that the investigation shall be conducted
    pursuant to the rules and procedures adopted by the EEOC;
    (iii) it will take no action on the charge until the EEOC
    issues its determination; (iv) the complainant must submit
    a copy of the EEOC's determination within 30 days after
    service of the determination by the EEOC on complainant;
    and (v) that the time period to investigate the charge
    contained in subsection (G) of this Section is tolled from
    the date on which the charge is filed with the EEOC until
    the EEOC issues its determination.
        (2) If the EEOC finds reasonable cause to believe that
    there has been a violation of federal law and if the
    Department is timely notified of the EEOC's findings by
    complainant, the Department shall notify complainant that
    the Department has adopted the EEOC's determination of
    reasonable cause and that complainant has the right, within
    90 days after receipt of the Department's notice, to either
    file his or her own complaint with the Illinois Human
    Rights Commission or commence a civil action in the
    appropriate circuit court or other appropriate court of
    competent jurisdiction. The Department's notice to
    complainant that the Department has adopted the EEOC's
    determination of reasonable cause shall constitute the
    Department's Report for purposes of subparagraph (D) of
    this Section.
        (3) For those charges alleging violations within the
    jurisdiction of both the EEOC and the Department and for
    which the EEOC either (i) does not issue a determination,
    but does issue the complainant a notice of a right to sue,
    including when the right to sue is issued at the request of
    the complainant, or (ii) determines that it is unable to
    establish that illegal discrimination has occurred and
    issues the complainant a right to sue notice, and if the
    Department is timely notified of the EEOC's determination
    by complainant, the Department shall notify the parties
    that the Department will adopt the EEOC's determination as
    a dismissal for lack of substantial evidence unless the
    complainant requests in writing within 35 days after
    receipt of the Department's notice that the Department
    review the EEOC's determination.
            (a) If the complainant does not file a written
        request with the Department to review the EEOC's
        determination within 35 days after receipt of the
        Department's notice, the Department shall notify
        complainant that the decision of the EEOC has been
        adopted by the Department as a dismissal for lack of
        substantial evidence and that the complainant has the
        right, within 90 days after receipt of the Department's
        notice, to commence a civil action in the appropriate
        circuit court or other appropriate court of competent
        jurisdiction. The Department's notice to complainant
        that the Department has adopted the EEOC's
        determination shall constitute the Department's report
        for purposes of subparagraph (D) of this Section.
            (b) If the complainant does file a written request
        with the Department to review the EEOC's
        determination, the Department shall review the EEOC's
        determination and any evidence obtained by the EEOC
        during its investigation. If, after reviewing the
        EEOC's determination and any evidence obtained by the
        EEOC, the Department determines there is no need for
        further investigation of the charge, the Department
        shall issue a report and the Director shall determine
        whether there is substantial evidence that the alleged
        civil rights violation has been committed pursuant to
        subsection (D) of Section 7A-102. If, after reviewing
        the EEOC's determination and any evidence obtained by
        the EEOC, the Department determines there is a need for
        further investigation of the charge, the Department
        may conduct any further investigation it deems
        necessary. After reviewing the EEOC's determination,
        the evidence obtained by the EEOC, and any additional
        investigation conducted by the Department, the
        Department shall issue a report and the Director shall
        determine whether there is substantial evidence that
        the alleged civil rights violation has been committed
        pursuant to subsection (D) of Section 7A-102 of this
        Act.
        (4) Pursuant to this Section, if the EEOC dismisses the
    charge or a portion of the charge of discrimination
    because, under federal law, the EEOC lacks jurisdiction
    over the charge, and if, under this Act, the Department has
    jurisdiction over the charge of discrimination, the
    Department shall investigate the charge or portion of the
    charge dismissed by the EEOC for lack of jurisdiction
    pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
    (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of
    this Act.
        (5) The time limit set out in subsection (G) of this
    Section is tolled from the date on which the charge is
    filed with the EEOC to the date on which the EEOC issues
    its determination.
    (B) Notice and Response to Charge. The Department shall,
within 10 days of the date on which the charge was filed, serve
a copy of the charge on the respondent. This period shall not
be construed to be jurisdictional. The charging party and the
respondent may each file a position statement and other
materials with the Department regarding the charge of alleged
discrimination within 60 days of receipt of the notice of the
charge. The position statements and other materials filed shall
remain confidential unless otherwise agreed to by the party
providing the information and shall not be served on or made
available to the other party during pendency of a charge with
the Department. The Department may shall require the respondent
to file a verified response to the allegations contained in the
charge. Upon the Department's request, the respondent shall
file a response to the charge within 60 days and of receipt of
the notice of the charge. The respondent shall serve a copy of
its response on the complainant or his or her representative.
Notwithstanding any request from the Department, the
respondent may elect to file a response to the charge within 60
days of receipt of notice of the charge, provided the
respondent serves a copy of its response on the complainant or
his or her representative. All allegations contained in the
charge not timely denied by the respondent within 60 days of
the Department's request for a response may shall be deemed
admitted, unless the respondent states that it is without
sufficient information to form a belief with respect to such
allegation. The Department may issue a notice of default
directed to any respondent who fails to file a verified
response to a charge within 60 days of receipt of the
Department's request notice of the charge, unless the
respondent can demonstrate good cause as to why such notice
should not issue. The term "good cause" shall be defined by
rule promulgated by the Department. Within 30 days of receipt
of the respondent's response, the complainant may file a reply
to said response and shall serve a copy of said reply on the
respondent or his or her representative. A party shall have the
right to supplement his or her response or reply at any time
that the investigation of the charge is pending. The Department
shall, within 10 days of the date on which the charge was
filed, and again no later than 335 days thereafter, send by
certified or registered mail written notice to the complainant
and to the respondent informing the complainant of the
complainant's right to either file a complaint with the Human
Rights Commission or commence a civil action in the appropriate
circuit court under subparagraph (2) of paragraph (G),
including in such notice the dates within which the complainant
may exercise this right. In the notice the Department shall
notify the complainant that the charge of civil rights
violation will be dismissed with prejudice and with no right to
further proceed if a written complaint is not timely filed with
the Commission or with the appropriate circuit court by the
complainant pursuant to subparagraph (2) of paragraph (G) or by
the Department pursuant to subparagraph (1) of paragraph (G).
    (B-1) Mediation. The complainant and respondent may agree
to voluntarily submit the charge to mediation without waiving
any rights that are otherwise available to either party
pursuant to this Act and without incurring any obligation to
accept the result of the mediation process. Nothing occurring
in mediation shall be disclosed by the Department or admissible
in evidence in any subsequent proceeding unless the complainant
and the respondent agree in writing that such disclosure be
made.
    (C) Investigation.
        (1) The After the respondent has been notified, the
    Department shall conduct an a full investigation
    sufficient to determine whether of the allegations set
    forth in the charge are supported by substantial evidence.
        (2) The Director or his or her designated
    representatives shall have authority to request any member
    of the Commission to issue subpoenas to compel the
    attendance of a witness or the production for examination
    of any books, records or documents whatsoever.
        (3) If any witness whose testimony is required for any
    investigation resides outside the State, or through
    illness or any other good cause as determined by the
    Director is unable to be interviewed by the investigator or
    appear at a fact finding conference, his or her testimony
    or deposition may be taken, within or without the State, in
    the same manner as is provided for in the taking of
    depositions in civil cases in circuit courts.
        (4) Upon reasonable notice to the complainant and the
    respondent, the Department shall conduct a fact finding
    conference, unless prior to 365 days after the date on
    which the charge was filed the Director has determined
    whether there is substantial evidence that the alleged
    civil rights violation has been committed, the charge has
    been dismissed for lack of jurisdiction, or the parties
    voluntarily and in writing agree to waive the fact finding
    conference. Any party's failure to attend the conference
    without good cause shall result in dismissal or default.
    The term "good cause" shall be defined by rule promulgated
    by the Department. A notice of dismissal or default shall
    be issued by the Director. The notice of default issued by
    the Director shall notify the respondent that a request for
    review may be filed in writing with the Commission within
    30 days of receipt of notice of default. The notice of
    dismissal issued by the Director shall give the complainant
    notice of his or her right to seek review of the dismissal
    before the Human Rights Commission or commence a civil
    action in the appropriate circuit court. If the complainant
    chooses to have the Human Rights Commission review the
    dismissal order, he or she shall file a request for review
    with the Commission within 90 days after receipt of the
    Director's notice. If the complainant chooses to file a
    request for review with the Commission, he or she may not
    later commence a civil action in a circuit court. If the
    complainant chooses to commence a civil action in a circuit
    court, he or she must do so within 90 days after receipt of
    the Director's notice.
    (D) Report.
        (1) Each charge shall be the subject of a report to the
    Director. The report shall be a confidential document
    subject to review by the Director, authorized Department
    employees, the parties, and, where indicated by this Act,
    members of the Commission or their designated hearing
    officers.
        (2) Upon review of the report, the Director shall
    determine whether there is substantial evidence that the
    alleged civil rights violation has been committed. The
    determination of substantial evidence is limited to
    determining the need for further consideration of the
    charge pursuant to this Act and includes, but is not
    limited to, findings of fact and conclusions, as well as
    the reasons for the determinations on all material issues.
    Substantial evidence is evidence which a reasonable mind
    accepts as sufficient to support a particular conclusion
    and which consists of more than a mere scintilla but may be
    somewhat less than a preponderance.
        (3) If the Director determines that there is no
    substantial evidence, the charge shall be dismissed by
    order of the Director and the Director shall give the
    complainant notice of his or her right to seek review of
    the dismissal order before the Commission or commence a
    civil action in the appropriate circuit court. If the
    complainant chooses to have the Human Rights Commission
    review the dismissal order, he or she shall file a request
    for review with the Commission within 90 days after receipt
    of the Director's notice. If the complainant chooses to
    file a request for review with the Commission, he or she
    may not later commence a civil action in a circuit court.
    If the complainant chooses to commence a civil action in a
    circuit court, he or she must do so within 90 days after
    receipt of the Director's notice.
        (4) If the Director determines that there is
    substantial evidence, he or she shall notify the
    complainant and respondent of that determination. The
    Director shall also notify the parties that the complainant
    has the right to either commence a civil action in the
    appropriate circuit court or request that the Department of
    Human Rights file a complaint with the Human Rights
    Commission on his or her behalf. Any such complaint shall
    be filed within 90 days after receipt of the Director's
    notice. If the complainant chooses to have the Department
    file a complaint with the Human Rights Commission on his or
    her behalf, the complainant must, within 30 days after
    receipt of the Director's notice, request in writing that
    the Department file the complaint. If the complainant
    timely requests that the Department file the complaint, the
    Department shall file the complaint on his or her behalf.
    If the complainant fails to timely request that the
    Department file the complaint, the complainant may file his
    or her complaint with the Commission or commence a civil
    action in the appropriate circuit court. If the complainant
    files a complaint with the Human Rights Commission, the
    complainant shall give notice to the Department of the
    filing of the complaint with the Human Rights Commission.
    (E) Conciliation.
         (1) When there is a finding of substantial evidence,
    the Department may designate a Department employee who is
    an attorney licensed to practice in Illinois to endeavor to
    eliminate the effect of the alleged civil rights violation
    and to prevent its repetition by means of conference and
    conciliation.
        (2) When the Department determines that a formal
    conciliation conference is necessary, the complainant and
    respondent shall be notified of the time and place of the
    conference by registered or certified mail at least 10 days
    prior thereto and either or both parties shall appear at
    the conference in person or by attorney.
        (3) The place fixed for the conference shall be within
    35 miles of the place where the civil rights violation is
    alleged to have been committed.
        (4) Nothing occurring at the conference shall be
    disclosed by the Department unless the complainant and
    respondent agree in writing that such disclosure be made.
        (5) The Department's efforts to conciliate the matter
    shall not stay or extend the time for filing the complaint
    with the Commission or the circuit court.
    (F) Complaint.
        (1) When the complainant requests that the Department
    file a complaint with the Commission on his or her behalf,
    the Department shall prepare a written complaint, under
    oath or affirmation, stating the nature of the civil rights
    violation substantially as alleged in the charge
    previously filed and the relief sought on behalf of the
    aggrieved party. The Department shall file the complaint
    with the Commission.
        (2) If the complainant chooses to commence a civil
    action in a circuit court, he or she must do so in the
    circuit court in the county wherein the civil rights
    violation was allegedly committed. The form of the
    complaint in any such civil action shall be in accordance
    with the Illinois Code of Civil Procedure.
    (G) Time Limit.
        (1) When a charge of a civil rights violation has been
    properly filed, the Department, within 365 days thereof or
    within any extension of that period agreed to in writing by
    all parties, shall issue its report as required by
    subparagraph (D). Any such report shall be duly served upon
    both the complainant and the respondent.
        (2) If the Department has not issued its report within
    365 days after the charge is filed, or any such longer
    period agreed to in writing by all the parties, the
    complainant shall have 90 days to either file his or her
    own complaint with the Human Rights Commission or commence
    a civil action in the appropriate circuit court. If the
    complainant files a complaint with the Commission, the form
    of the complaint shall be in accordance with the provisions
    of paragraph (F)(1). If the complainant commences a civil
    action in a circuit court, the form of the complaint shall
    be in accordance with the Illinois Code of Civil Procedure.
    The aggrieved party shall notify the Department that a
    complaint has been filed and shall serve a copy of the
    complaint on the Department on the same date that the
    complaint is filed with the Commission or in circuit court.
    If the complainant files a complaint with the Commission,
    he or she may not later commence a civil action in circuit
    court.
        (3) If an aggrieved party files a complaint with the
    Human Rights Commission or commences a civil action in
    circuit court pursuant to paragraph (2) of this subsection,
    or if the time period for filing a complaint has expired,
    the Department shall immediately cease its investigation
    and dismiss the charge of civil rights violation. Any final
    order entered by the Commission under this Section is
    appealable in accordance with paragraph (B)(1) of Section
    8-111. Failure to immediately cease an investigation and
    dismiss the charge of civil rights violation as provided in
    this paragraph (3) constitutes grounds for entry of an
    order by the circuit court permanently enjoining the
    investigation. The Department may also be liable for any
    costs and other damages incurred by the respondent as a
    result of the action of the Department.
        (4) The Department shall stay any administrative
    proceedings under this Section after the filing of a civil
    action by or on behalf of the aggrieved party under any
    federal or State law seeking relief with respect to the
    alleged civil rights violation.
    (H) This amendatory Act of 1995 applies to causes of action
filed on or after January 1, 1996.
    (I) This amendatory Act of 1996 applies to causes of action
filed on or after January 1, 1996.
    (J) The changes made to this Section by Public Act 95-243
apply to charges filed on or after the effective date of those
changes.
    (K) The changes made to this Section by this amendatory Act
of the 96th General Assembly apply to charges filed on or after
the effective date of those changes.
(Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12; 97-596,
eff. 8-26-11; 97-813, eff. 7-13-12.)
 
    (775 ILCS 5/7B-102)  (from Ch. 68, par. 7B-102)
    Sec. 7B-102. Procedures.
    (A) Charge.
        (1) Within one year after the date that a civil rights
    violation allegedly has been committed or terminated, a
    charge in writing under oath or affirmation may be filed
    with the Department by an aggrieved party or issued by the
    Department itself under the signature of the Director.
        (2) The charge shall be in such detail as to
    substantially apprise any party properly concerned as to
    the time, place, and facts surrounding the alleged civil
    rights violation.
    (B) Notice and Response to Charge.
        (1) The Department shall serve notice upon the
    aggrieved party acknowledging such charge and advising the
    aggrieved party of the time limits and choice of forums
    provided under this Act. The Department shall, within 10
    days of the date on which the charge was filed or the
    identification of an additional respondent under paragraph
    (2) of this subsection, serve on the respondent a copy of
    the charge along with a notice identifying the alleged
    civil rights violation and advising the respondent of the
    procedural rights and obligations of respondents under
    this Act and may shall require the respondent to file a
    verified response to the allegations contained in the
    charge. Upon the Department's request, the respondent
    shall file a response to the charge within 30 days and . The
    respondent shall serve a copy of its response on the
    complainant or his or her representative. Notwithstanding
    any request from the Department, the respondent may elect
    to file a response to the charge within 30 days of receipt
    of notice of the charge, provided the respondent serves a
    copy of its response on the complainant or his or her
    representative. All allegations contained in the charge
    not timely denied by the respondent within 30 days after
    the Department's request for a response may shall be deemed
    admitted, unless the respondent states that it is without
    sufficient information to form a belief with respect to
    such allegation. The Department may issue a notice of
    default directed to any respondent who fails to file a
    verified response to a charge within 30 days of the
    Department's request date on which the charge was filed,
    unless the respondent can demonstrate good cause as to why
    such notice should not issue. The term "good cause" shall
    be defined by rule promulgated by the Department. Within 10
    days of the date he or she receives the respondent's
    response, the complainant may file his or her reply to said
    response. If he or she chooses to file a reply, the
    complainant shall serve a copy of said reply on the
    respondent or his or her representative. A party may shall
    have the right to supplement his or her response or reply
    at any time that the investigation of the charge is
    pending.
        (2) A person who is not named as a respondent in a
    charge, but who is identified as a respondent in the course
    of investigation, may be joined as an additional or
    substitute respondent upon written notice, under
    subsection (B), to such person, from the Department. Such
    notice, in addition to meeting the requirements of
    subsections (A) and (B), shall explain the basis for the
    Department's belief that a person to whom the notice is
    addressed is properly joined as a respondent.
    (C) Investigation.
        (1) The Department shall conduct a full investigation
    of the allegations set forth in the charge and complete
    such investigation within 100 days after the filing of the
    charge, unless it is impracticable to do so. The
    Department's failure to complete the investigation within
    100 days after the proper filing of the charge does not
    deprive the Department of jurisdiction over the charge.
        (2) If the Department is unable to complete the
    investigation within 100 days after the charge is filed,
    the Department shall notify the complainant and respondent
    in writing of the reasons for not doing so.
        (3) The Director or his or her designated
    representative shall have authority to request any member
    of the Commission to issue subpoenas to compel the
    attendance of a witness or the production for examination
    of any books, records or documents whatsoever.
        (4) If any witness whose testimony is required for any
    investigation resides outside the State, or through
    illness or any other good cause as determined by the
    Director is unable to be interviewed by the investigator or
    appear at a fact finding conference, his or her testimony
    or deposition may be taken, within or without the State, in
    the same manner as provided for in the taking of
    depositions in civil cases in circuit courts.
        (5) Upon reasonable notice to the complainant and the
    respondent, the Department shall conduct a fact finding
    conference, unless prior to 100 days from the date on which
    the charge was filed, the Director has determined whether
    there is substantial evidence that the alleged civil rights
    violation has been committed or the parties voluntarily and
    in writing agree to waive the fact finding conference. A
    party's failure to attend the conference without good cause
    may result in dismissal or default. A notice of dismissal
    or default shall be issued by the Director and shall notify
    the relevant party that a request for review may be filed
    in writing with the Commission within 30 days of receipt of
    notice of dismissal or default.
    (D) Report.
        (1) Each investigated charge shall be the subject of a
    report to the Director. The report shall be a confidential
    document subject to review by the Director, authorized
    Department employees, the parties, and, where indicated by
    this Act, members of the Commission or their designated
    hearing officers.
            The report shall contain:
            (a) the names and dates of contacts with witnesses;
            (b) a summary and the date of correspondence and
        other contacts with the aggrieved party and the
        respondent;
            (c) a summary description of other pertinent
        records;
            (d) a summary of witness statements; and
            (e) answers to questionnaires.
        A final report under this paragraph may be amended if
    additional evidence is later discovered.
        (2) Upon review of the report and within 100 days of
    the filing of the charge, unless it is impracticable to do
    so, the Director shall determine whether there is
    substantial evidence that the alleged civil rights
    violation has been committed or is about to be committed.
    If the Director is unable to make the determination within
    100 days after the filing of the charge, the Director shall
    notify the complainant and respondent in writing of the
    reasons for not doing so. The Director's failure to make
    the determination within 100 days after the proper filing
    of the charge does not deprive the Department of
    jurisdiction over the charge.
            (a) If the Director determines that there is no
        substantial evidence, the charge shall be dismissed
        and the aggrieved party notified that he or she may
        seek review of the dismissal order before the
        Commission. The aggrieved party shall have 90 days from
        receipt of notice to file a request for review by the
        Commission. The Director shall make public disclosure
        of each such dismissal.
            (b) If the Director determines that there is
        substantial evidence, he or she shall immediately
        issue a complaint on behalf of the aggrieved party
        pursuant to subsection (F).
    (E) Conciliation.
        (1) During the period beginning with the filing of
    charge and ending with the filing of a complaint or a
    dismissal by the Department, the Department shall, to the
    extent feasible, engage in conciliation with respect to
    such charge.
        When the Department determines that a formal
    conciliation conference is feasible, the aggrieved party
    and respondent shall be notified of the time and place of
    the conference by registered or certified mail at least 7
    days prior thereto and either or both parties shall appear
    at the conference in person or by attorney.
        (2) The place fixed for the conference shall be within
    35 miles of the place where the civil rights violation is
    alleged to have been committed.
        (3) Nothing occurring at the conference shall be made
    public or used as evidence in a subsequent proceeding for
    the purpose of proving a violation under this Act unless
    the complainant and respondent agree in writing that such
    disclosure be made.
        (4) A conciliation agreement arising out of such
    conciliation shall be an agreement between the respondent
    and the complainant, and shall be subject to approval by
    the Department and Commission.
        (5) A conciliation agreement may provide for binding
    arbitration of the dispute arising from the charge. Any
    such arbitration that results from a conciliation
    agreement may award appropriate relief, including monetary
    relief.
        (6) Each conciliation agreement shall be made public
    unless the complainant and respondent otherwise agree and
    the Department determines that disclosure is not required
    to further the purpose of this Act.
    (F) Complaint.
        (1) When there is a failure to settle or adjust any
    charge through a conciliation conference and the charge is
    not dismissed, the Department shall prepare a written
    complaint, under oath or affirmation, stating the nature of
    the civil rights violation and the relief sought on behalf
    of the aggrieved party. Such complaint shall be based on
    the final investigation report and need not be limited to
    the facts or grounds alleged in the charge filed under
    subsection (A).
        (2) The complaint shall be filed with the Commission.
        (3) The Department may not issue a complaint under this
    Section regarding an alleged civil rights violation after
    the beginning of the trial of a civil action commenced by
    the aggrieved party under any State or federal law, seeking
    relief with respect to that alleged civil rights violation.
    (G) Time Limit.
        (1) When a charge of a civil rights violation has been
    properly filed, the Department, within 100 days thereof,
    unless it is impracticable to do so, shall either issue and
    file a complaint in the manner and form set forth in this
    Section or shall order that no complaint be issued. Any
    such order shall be duly served upon both the aggrieved
    party and the respondent. The Department's failure to
    either issue and file a complaint or order that no
    complaint be issued within 100 days after the proper filing
    of the charge does not deprive the Department of
    jurisdiction over the charge.
        (2) The Director shall make available to the aggrieved
    party and the respondent, at any time, upon request
    following completion of the Department's investigation,
    information derived from an investigation and any final
    investigative report relating to that investigation.
    (H) This amendatory Act of 1995 applies to causes of action
filed on or after January 1, 1996.
    (I) The changes made to this Section by Public Act 95-243
apply to charges filed on or after the effective date of those
changes.
    (J) The changes made to this Section by this amendatory Act
of the 96th General Assembly apply to charges filed on or after
the effective date of those changes.
(Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 9/8/2017