101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4827

 

Introduced 2/18/2020, by Rep. Ann M. Williams

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/7-101  from Ch. 68, par. 7-101
775 ILCS 5/8A-102  from Ch. 68, par. 8A-102
775 ILCS 5/10-101  from Ch. 68, par. 10-101
775 ILCS 5/10-105 new

    Amends the Illinois Human Rights Act. Provides that the Department of Human Rights may petition and shall be permitted as a matter of right to intervene as a party in the proceeding if the Commission determines that: (i) the case involves matters of public interest or importance beyond the issues in the case; (ii) the Department has an interest different from one or more of the parties; (iii) the expertise of the Department makes it better suited to articulate a particular point of view; or (iv) 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. Provides that the Department, as an intervenor, shall have all of the rights of an original party. Allows the Attorney General to intervene on behalf of the Department in a civil action filed by a complainant in State or federal court if the Department certifies that the case is of general public importance. Makes conforming changes.


LRB101 16919 LNS 70186 b

 

 

A BILL FOR

 

HB4827LRB101 16919 LNS 70186 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Sections 7-101, 8A-102, and 10-101 and by adding
6Section 10-105 as follows:
 
7    (775 ILCS 5/7-101)  (from Ch. 68, par. 7-101)
8    Sec. 7-101. Powers and Duties. In addition to other powers
9and duties prescribed in this Act, the Department shall have
10the following powers:
11    (A) Rules and Regulations. To adopt, promulgate, amend, and
12rescind rules and regulations not inconsistent with the
13provisions of this Act pursuant to the Illinois Administrative
14Procedure Act.
15    (B) Charges. To issue, receive, investigate, conciliate,
16settle, and dismiss charges filed in conformity with this Act.
17    (C) Compulsory Process. To request subpoenas as it deems
18necessary for its investigations.
19    (D) Complaints. To file complaints with the Commission in
20conformity with this Act and to intervene in complaints filed
21under this Act pending before the Commission.
22    (E) Judicial Enforcement. To seek temporary relief and to
23enforce orders of the Commission in conformity with this Act.

 

 

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1    (F) Equal Employment Opportunities. To take such action as
2may be authorized to provide for equal employment opportunities
3and affirmative action.
4    (G) Recruitment; Research; Public Communication; Advisory
5Councils. To engage in such recruitment, research and public
6communication and create such advisory councils as may be
7authorized to effectuate the purposes of this Act.
8    (H) Coordination with other Agencies. To coordinate its
9activities with federal, state, and local agencies in
10conformity with this Act.
11    (I) Public Grants; Private Gifts. To accept public grants
12and private gifts as may be authorized.
13    (J) Education and Training. To implement a formal and
14unbiased program of education and training for all employees
15assigned to investigate and conciliate charges under Articles
167A and 7B. The training program shall include the following:
17        (1) substantive and procedural aspects of the
18    investigation and conciliation positions;
19        (2) current issues in human rights law and practice;
20        (3) lectures by specialists in substantive areas
21    related to human rights matters;
22        (4) orientation to each operational unit of the
23    Department and Commission;
24        (5) observation of experienced Department
25    investigators and attorneys conducting conciliation
26    conferences, combined with the opportunity to discuss

 

 

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1    evidence presented and rulings made;
2        (6) the use of hypothetical cases requiring the
3    Department investigator and conciliation conference
4    attorney to issue judgments as a means to evaluating
5    knowledge and writing ability;
6        (7) writing skills;
7        (8) computer skills, including but not limited to word
8    processing and document management.
9    A formal, unbiased and ongoing professional development
10program including, but not limited to, the above-noted areas
11shall be implemented to keep Department investigators and
12attorneys informed of recent developments and issues and to
13assist them in maintaining and enhancing their professional
14competence.
15(Source: P.A. 99-74, eff. 7-20-15.)
 
16    (775 ILCS 5/8A-102)  (from Ch. 68, par. 8A-102)
17    Sec. 8A-102. Hearing on Complaint.
18    (A) Services. Within five days after a complaint is filed
19by the Department, or the aggrieved party, as the case may be,
20the Commission shall cause it to be served on the respondent
21together with a notice of hearing before a hearing officer of
22the Commission at a place therein fixed.
23    (B) Time and Location of Hearing. An initial hearing date
24shall be scheduled for not less than thirty nor more than
25ninety days after service of the complaint at a place that is

 

 

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1within one hundred miles of the place at which the civil rights
2violation is alleged to have occurred. The hearing officer may,
3for good cause shown, extend the date of the hearing.
4    (B-5) Intervention by the Department.
5    (1) After the filing of a complaint, the Department may
6petition and shall be permitted as a matter of right to
7intervene as a party in the proceeding if the Commission
8determines that: (i) the case involves matters of public
9interest or importance beyond the issues in the case; (ii) the
10Department has an interest different from one or more of the
11parties; (iii) the expertise of the Department makes it better
12suited to articulate a particular point of view; or (iv) the
13representation of the Department's interest by existing
14parties is or may be inadequate and the Department will or may
15be bound by an order or judgment in the action.
16    (2) The Department, as an intervenor, shall have all of the
17rights of an original party subject to the order of the
18administrative law judge.
19    (3) Upon such intervention, the Commission may award such
20relief as is authorized to be granted to a complainant under
21Section 8A-104.
22    (C) Amendment.
23        (1) A complaint may be amended under oath by leave of
24    the presiding hearing officer, for good cause shown, upon
25    timely written motion and reasonable notice to all
26    interested parties at any time prior to the issuance of a

 

 

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1    recommended order pursuant to Section 8A-102(I) or
2    8B-102(J). The amended complaint shall be served upon all
3    parties of record and the Department of Human Rights by the
4    complainant, or by the Department if it prepared and filed
5    the amended complaint, within 7 days of the date of the
6    order permitting its filing or such additional time as the
7    hearing officer may order. Amendments to the complaint may
8    encompass any unlawful discrimination which is like or
9    reasonably related to the charge and growing out of the
10    allegations in such charge, including, but not limited to,
11    allegations of retaliation.
12        (2) A motion that the complaint be amended to conform
13    to the evidence, made prior to the close of the public
14    hearing, may be addressed orally on the record to the
15    hearing officer, and shall be granted for good and
16    sufficient cause.
17    (D) Answer.
18        (1) The respondent shall file an answer under oath or
19    affirmation to the original or amended complaint within 30
20    days of the date of service thereof, but the hearing
21    officer may, for good cause shown, grant further time for
22    the filing of an answer.
23        (2) When the respondent files a motion to dismiss the
24    complaint within 30 days and the motion is denied by the
25    hearing officer, the time for filing the answer shall be
26    within 15 days of the date of denial of the motion.

 

 

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1        (3) Any allegation in the complaint which is not denied
2    or admitted in the answer is deemed admitted unless the
3    respondent states in the answer that he is without
4    sufficient knowledge or information to form a belief with
5    respect to such allegation.
6        (4) The failure to file an answer is deemed to
7    constitute an admission of the allegations contained in the
8    complaint.
9        (5) The respondent has the right to amend his answer,
10    upon leave of the hearing officer, for good cause shown.
11    (E) Proceedings In Forma Pauperis.
12        (1) If the hearing officer is satisfied that the
13    complainant or respondent is a poor person, and unable to
14    prosecute or defend the complaint and pay the costs and
15    expenses thereof, the hearing officer may permit the party
16    to commence and prosecute or defend the action as a poor
17    person. Such party shall have all the necessary subpoenas,
18    appearances, and proceedings without prepayment of witness
19    fees or charges. Witnesses shall attend as in other cases
20    under this Act and the same remedies shall be available for
21    failure or refusal to obey the subpoena as are provided for
22    in Section 8-104 of this Act.
23        (2) A person desiring to proceed without payment of
24    fees or charges shall file with the hearing officer an
25    affidavit stating that he is a poor person and unable to
26    pay costs, and that the action is meritorious.

 

 

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1    (F) Discovery. The procedure for obtaining discovery of
2information from parties and witnesses shall be specified by
3the Commission in rules. If no rule has been promulgated by the
4Commission on a particular type of discovery, the Code of Civil
5Procedure may be considered persuasive authority. The types of
6discovery shall be the same as in civil cases in the circuit
7courts of this State, provided, however, that a party may take
8discovery depositions only upon leave of the hearing officer
9and for good cause shown.
10    (G) Hearing.
11        (1) Both the complainant and the respondent may appear
12    at the hearing and examine and cross-examine witnesses.
13        (2) The testimony taken at the hearing shall be under
14    oath or affirmation and a transcript shall be made and
15    filed in the office of the Commission.
16        (3) The testimony taken at the hearing is subject to
17    the same rules of evidence that apply in courts of this
18    State in civil cases.
19    (H) Compelling Appearance of Parties at Hearing. The
20appearance at the hearing of a party or a person who at the
21time of the hearing is an officer, director, or employee of a
22party may be required by serving the party with a notice
23designating the person who is required to appear. The notice
24also may require the production at the hearing of documents or
25tangible things. If the party or person is a nonresident of the
26county, the hearing officer may order any terms and conditions

 

 

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1in connection with his appearance at the hearing that are just,
2including payment of his reasonable expenses. Upon a failure to
3comply with the notice, the hearing officer may enter any order
4that is just.
5    (I) Decision.
6        (1) When all the testimony has been taken, the hearing
7    officer shall determine whether the respondent has engaged
8    in or is engaging in the civil rights violation with
9    respect to the person aggrieved as charged in the
10    complaint. A determination sustaining a complaint shall be
11    based upon a preponderance of the evidence.
12        (2) The hearing officer shall make findings of fact in
13    writing and, if the finding is against the respondent,
14    shall issue and cause to be served on the parties and the
15    Department a recommended order for appropriate relief as
16    provided by this Act.
17        (3) If, upon all the evidence, the hearing officer
18    finds that a respondent has not engaged in the
19    discriminatory practice charged in the complaint or that a
20    preponderance of the evidence does not sustain the
21    complaint, he shall state his findings of fact and shall
22    issue and cause to be served on the parties and the
23    Department a recommended order dismissing the complaint.
24        (4) The findings and recommended order of the hearing
25    officer shall be filed with the Commission. The findings
26    and recommended order may be authored by a hearing officer

 

 

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1    other than the hearing officer who presides at the public
2    hearing if:
3            (a) the hearing officer who presides at the public
4        hearing is unable to author the findings and
5        recommended order by reason of death, disability, or
6        separation from employment; and
7            (b) all parties to a complaint file a joint motion
8        agreeing to have the findings and recommended order
9        written by a hearing officer who did not preside at the
10        public hearing.
11        (5) A recommended order dismissing a complaint may
12    include an award of reasonable attorneys fees in favor of
13    the respondent against the complainant or the
14    complainant's attorney, or both, if the hearing officer
15    concludes that the complaint was frivolous, unreasonable
16    or groundless or that the complainant continued to litigate
17    after it became clearly so.
18        (6) The hearing officer may issue a recommended order
19    of dismissal with prejudice or a recommended order of
20    default as a sanction for the failure of a party to
21    prosecute his or her case, file a required pleading, appear
22    at a hearing, or otherwise comply with this Act, the rules
23    of the Commission, or a previous order of the hearing
24    officer.
25(Source: P.A. 92-472, eff. 1-1-02.)
 

 

 

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1    (775 ILCS 5/10-101)  (from Ch. 68, par. 10-101)
2    Sec. 10-101. Applicability. With the exception of Sections
3Section 10-104 and 10-105, this Article shall apply solely to
4civil actions arising under Article 3 of this Act.
5(Source: P.A. 93-1017, eff. 8-24-04.)
 
6    (775 ILCS 5/10-105 new)
7    Sec. 10-105. Intervention by the Attorney General. The
8Attorney General may intervene on behalf of the Department in a
9civil action filed by a complainant in State or federal court
10under Section 7A-102 if the Department certifies that the case
11is of general public importance. Upon such intervention, the
12court or jury may award any of the remedies under Section
138A-104.