101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3574

 

Introduced 2/14/2020, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/7A-102  from Ch. 68, par. 7A-102

    Amends the Article of the Illinois Human Rights Act regarding procedures for the Department of Human Rights under Articles related to employment, financial credit, public accommodations, education, and additional civil rights violations. Deletes language providing that the Department shall conduct a fact finding conference, unless prior to 365 days after the date on which the charge was filed the Director of Human Rights 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. Provides instead that the Department may conduct a fact finding conference.


LRB101 16917 LNS 66316 b

 

 

A BILL FOR

 

SB3574LRB101 16917 LNS 66316 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 Section 7A-102 as follows:
 
6    (775 ILCS 5/7A-102)  (from Ch. 68, par. 7A-102)
7    Sec. 7A-102. Procedures.
8    (A) Charge.
9        (1) Within 300 calendar days after the date that a
10    civil rights violation allegedly has been committed, a
11    charge in writing under oath or affirmation may be filed
12    with the Department by an aggrieved party or issued by the
13    Department itself under the signature of the Director.
14        (2) The charge shall be in such detail as to
15    substantially apprise any party properly concerned as to
16    the time, place, and facts surrounding the alleged civil
17    rights violation.
18        (3) Charges deemed filed with the Department pursuant
19    to subsection (A-1) of this Section shall be deemed to be
20    in compliance with this subsection.
21    (A-1) Equal Employment Opportunity Commission Charges.
22        (1) If a charge is filed with the Equal Employment
23    Opportunity Commission (EEOC) within 300 calendar days

 

 

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1    after the date of the alleged civil rights violation, the
2    charge shall be deemed filed with the Department on the
3    date filed with the EEOC. If the EEOC is the governmental
4    agency designated to investigate the charge first, the
5    Department shall take no action until the EEOC makes a
6    determination on the charge and after the complainant
7    notifies the Department of the EEOC's determination. In
8    such cases, after receiving notice from the EEOC that a
9    charge was filed, the Department shall notify the parties
10    that (i) a charge has been received by the EEOC and has
11    been sent to the Department for dual filing purposes; (ii)
12    the EEOC is the governmental agency responsible for
13    investigating the charge and that the investigation shall
14    be conducted pursuant to the rules and procedures adopted
15    by the EEOC; (iii) it will take no action on the charge
16    until the EEOC issues its determination; (iv) the
17    complainant must submit a copy of the EEOC's determination
18    within 30 days after service of the determination by the
19    EEOC on the complainant; and (v) that the time period to
20    investigate the charge contained in subsection (G) of this
21    Section is tolled from the date on which the charge is
22    filed with the EEOC until the EEOC issues its
23    determination.
24        (2) If the EEOC finds reasonable cause to believe that
25    there has been a violation of federal law and if the
26    Department is timely notified of the EEOC's findings by the

 

 

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1    complainant, the Department shall notify the complainant
2    that the Department has adopted the EEOC's determination of
3    reasonable cause and that the complainant has the right,
4    within 90 days after receipt of the Department's notice, to
5    either file his or her own complaint with the Illinois
6    Human Rights Commission or commence a civil action in the
7    appropriate circuit court or other appropriate court of
8    competent jurisdiction. This notice shall be provided to
9    the complainant within 10 business days after the
10    Department's receipt of the EEOC's determination. The
11    Department's notice to the complainant that the Department
12    has adopted the EEOC's determination of reasonable cause
13    shall constitute the Department's Report for purposes of
14    subparagraph (D) of this Section.
15        (3) For those charges alleging violations within the
16    jurisdiction of both the EEOC and the Department and for
17    which the EEOC either (i) does not issue a determination,
18    but does issue the complainant a notice of a right to sue,
19    including when the right to sue is issued at the request of
20    the complainant, or (ii) determines that it is unable to
21    establish that illegal discrimination has occurred and
22    issues the complainant a right to sue notice, and if the
23    Department is timely notified of the EEOC's determination
24    by the complainant, the Department shall notify the
25    parties, within 10 business days after receipt of the
26    EEOC's determination, that the Department will adopt the

 

 

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1    EEOC's determination as a dismissal for lack of substantial
2    evidence unless the complainant requests in writing within
3    35 days after receipt of the Department's notice that the
4    Department review the EEOC's determination.
5            (a) If the complainant does not file a written
6        request with the Department to review the EEOC's
7        determination within 35 days after receipt of the
8        Department's notice, the Department shall notify the
9        complainant, within 10 business days after the
10        expiration of the 35-day period, that the decision of
11        the EEOC has been adopted by the Department as a
12        dismissal for lack of substantial evidence and that the
13        complainant has the right, within 90 days after receipt
14        of the Department's notice, to commence a civil action
15        in the appropriate circuit court or other appropriate
16        court of competent jurisdiction. The Department's
17        notice to the complainant that the Department has
18        adopted the EEOC's determination shall constitute the
19        Department's report for purposes of subparagraph (D)
20        of this Section.
21            (b) If the complainant does file a written request
22        with the Department to review the EEOC's
23        determination, the Department shall review the EEOC's
24        determination and any evidence obtained by the EEOC
25        during its investigation. If, after reviewing the
26        EEOC's determination and any evidence obtained by the

 

 

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1        EEOC, the Department determines there is no need for
2        further investigation of the charge, the Department
3        shall issue a report and the Director shall determine
4        whether there is substantial evidence that the alleged
5        civil rights violation has been committed pursuant to
6        subsection (D) of this Section 7A-102. If, after
7        reviewing the EEOC's determination and any evidence
8        obtained by the EEOC, the Department determines there
9        is a need for further investigation of the charge, the
10        Department may conduct any further investigation it
11        deems necessary. After reviewing the EEOC's
12        determination, the evidence obtained by the EEOC, and
13        any additional investigation conducted by the
14        Department, the Department shall issue a report and the
15        Director shall determine whether there is substantial
16        evidence that the alleged civil rights violation has
17        been committed pursuant to subsection (D) of this
18        Section 7A-102 of this Act.
19        (4) Pursuant to this Section, if the EEOC dismisses the
20    charge or a portion of the charge of discrimination
21    because, under federal law, the EEOC lacks jurisdiction
22    over the charge, and if, under this Act, the Department has
23    jurisdiction over the charge of discrimination, the
24    Department shall investigate the charge or portion of the
25    charge dismissed by the EEOC for lack of jurisdiction
26    pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),

 

 

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1    (E), (F), (G), (H), (I), (J), and (K) of this Section
2    7A-102 of this Act.
3        (5) The time limit set out in subsection (G) of this
4    Section is tolled from the date on which the charge is
5    filed with the EEOC to the date on which the EEOC issues
6    its determination.
7        (6) The failure of the Department to meet the
8    10-business-day notification deadlines set out in
9    paragraph (2) of this subsection shall not impair the
10    rights of any party.
11    (B) Notice and Response to Charge. The Department shall,
12within 10 days of the date on which the charge was filed, serve
13a copy of the charge on the respondent and provide all parties
14with a notice of the complainant's right to opt out of the
15investigation within 60 days as set forth in subsection (C-1).
16This period shall not be construed to be jurisdictional. The
17charging party and the respondent may each file a position
18statement and other materials with the Department regarding the
19charge of alleged discrimination within 60 days of receipt of
20the notice of the charge. The position statements and other
21materials filed shall remain confidential unless otherwise
22agreed to by the party providing the information and shall not
23be served on or made available to the other party during the
24pendency of a charge with the Department. The Department may
25require the respondent to file a response to the allegations
26contained in the charge. Upon the Department's request, the

 

 

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1respondent shall file a response to the charge within 60 days
2and shall serve a copy of its response on the complainant or
3his or her representative. Notwithstanding any request from the
4Department, the respondent may elect to file a response to the
5charge within 60 days of receipt of notice of the charge,
6provided the respondent serves a copy of its response on the
7complainant or his or her representative. All allegations
8contained in the charge not denied by the respondent within 60
9days of the Department's request for a response may be deemed
10admitted, unless the respondent states that it is without
11sufficient information to form a belief with respect to such
12allegation. The Department may issue a notice of default
13directed to any respondent who fails to file a response to a
14charge within 60 days of receipt of the Department's request,
15unless the respondent can demonstrate good cause as to why such
16notice should not issue. The term "good cause" shall be defined
17by rule promulgated by the Department. Within 30 days of
18receipt of the respondent's response, the complainant may file
19a reply to said response and shall serve a copy of said reply
20on the respondent or his or her representative. A party shall
21have the right to supplement his or her response or reply at
22any time that the investigation of the charge is pending. The
23Department shall, within 10 days of the date on which the
24charge was filed, and again no later than 335 days thereafter,
25send by certified or registered mail, or electronic mail if
26elected by the party, written notice to the complainant and to

 

 

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1the respondent informing the complainant of the complainant's
2rights to either file a complaint with the Human Rights
3Commission or commence a civil action in the appropriate
4circuit court under subparagraph (2) of paragraph (G),
5including in such notice the dates within which the complainant
6may exercise these rights. In the notice the Department shall
7notify the complainant that the charge of civil rights
8violation will be dismissed with prejudice and with no right to
9further proceed if a written complaint is not timely filed with
10the Commission or with the appropriate circuit court by the
11complainant pursuant to subparagraph (2) of paragraph (G) or by
12the Department pursuant to subparagraph (1) of paragraph (G).
13    (B-1) Mediation. The complainant and respondent may agree
14to voluntarily submit the charge to mediation without waiving
15any rights that are otherwise available to either party
16pursuant to this Act and without incurring any obligation to
17accept the result of the mediation process. Nothing occurring
18in mediation shall be disclosed by the Department or admissible
19in evidence in any subsequent proceeding unless the complainant
20and the respondent agree in writing that such disclosure be
21made.
22    (C) Investigation.
23        (1) The Department shall conduct an investigation
24    sufficient to determine whether the allegations set forth
25    in the charge are supported by substantial evidence unless
26    the complainant elects to opt out of an investigation

 

 

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1    pursuant to subsection (C-1).
2        (2) The Director or his or her designated
3    representatives shall have authority to request any member
4    of the Commission to issue subpoenas to compel the
5    attendance of a witness or the production for examination
6    of any books, records or documents whatsoever.
7        (3) If any witness whose testimony is required for any
8    investigation resides outside the State, or through
9    illness or any other good cause as determined by the
10    Director is unable to be interviewed by the investigator or
11    appear at a fact finding conference, his or her testimony
12    or deposition may be taken, within or without the State, in
13    the same manner as is provided for in the taking of
14    depositions in civil cases in circuit courts.
15        (4) Upon reasonable notice to the complainant and the
16    respondent, the Department may shall conduct a fact finding
17    conference, unless prior to 365 days after the date on
18    which the charge was filed the Director has determined
19    whether there is substantial evidence that the alleged
20    civil rights violation has been committed, the charge has
21    been dismissed for lack of jurisdiction, or the parties
22    voluntarily and in writing agree to waive the fact finding
23    conference. When requested by the Department, a Any party's
24    failure to attend the conference without good cause shall
25    result in dismissal or default. The term "good cause" shall
26    be defined by rule promulgated by the Department. A notice

 

 

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1    of dismissal or default shall be issued by the Director.
2    The notice of default issued by the Director shall notify
3    the respondent that a request for review may be filed in
4    writing with the Commission within 30 days of receipt of
5    notice of default. The notice of dismissal issued by the
6    Director shall give the complainant notice of his or her
7    right to seek review of the dismissal before the Human
8    Rights Commission or commence a civil action in the
9    appropriate circuit court. If the complainant chooses to
10    have the Human Rights Commission review the dismissal
11    order, he or she shall file a request for review with the
12    Commission within 90 days after receipt of the Director's
13    notice. If the complainant chooses to file a request for
14    review with the Commission, he or she may not later
15    commence a civil action in a circuit court. If the
16    complainant chooses to commence a civil action in a circuit
17    court, he or she must do so within 90 days after receipt of
18    the Director's notice.
19    (C-1) Opt out of Department's investigation. At any time
20within 60 days after receipt of notice of the right to opt out,
21a complainant may submit a written request seeking notice from
22the Director indicating that the complainant has opted out of
23the investigation and may commence a civil action in the
24appropriate circuit court or other appropriate court of
25competent jurisdiction. Within 10 business days of receipt of
26the complainant's request to opt out of the investigation, the

 

 

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1Director shall issue a notice to the parties stating that: (i)
2the complainant has exercised the right to opt out of the
3investigation; (ii) the complainant has 90 days after receipt
4of the Director's notice to commence an action in the
5appropriate circuit court or other appropriate court of
6competent jurisdiction; and (iii) the Department has ceased its
7investigation and is administratively closing the charge. The
8complainant shall notify the Department and the respondent that
9a complaint has been filed with the appropriate circuit court
10or other appropriate court of competent jurisdiction and shall
11mail a copy of the complaint to the Department and the
12respondent on the same date that the complaint is filed with
13the appropriate court. Once a complainant has opted out of the
14investigation under this subsection, he or she may not file or
15refile a substantially similar charge with the Department
16arising from the same incident of unlawful discrimination or
17harassment.
18    (D) Report.
19        (1) Each charge investigated under subsection (C)
20    shall be the subject of a report to the Director. The
21    report shall be a confidential document subject to review
22    by the Director, authorized Department employees, the
23    parties, and, where indicated by this Act, members of the
24    Commission or their designated hearing officers.
25        (2) Upon review of the report, the Director shall
26    determine whether there is substantial evidence that the

 

 

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1    alleged civil rights violation has been committed. The
2    determination of substantial evidence is limited to
3    determining the need for further consideration of the
4    charge pursuant to this Act and includes, but is not
5    limited to, findings of fact and conclusions, as well as
6    the reasons for the determinations on all material issues.
7    Substantial evidence is evidence which a reasonable mind
8    accepts as sufficient to support a particular conclusion
9    and which consists of more than a mere scintilla but may be
10    somewhat less than a preponderance.
11        (3) If the Director determines that there is no
12    substantial evidence, the charge shall be dismissed by
13    order of the Director and the Director shall give the
14    complainant notice of his or her right to seek review of
15    the dismissal order before the Commission or commence a
16    civil action in the appropriate circuit court. If the
17    complainant chooses to have the Human Rights Commission
18    review the dismissal order, he or she shall file a request
19    for review with the Commission within 90 days after receipt
20    of the Director's notice. If the complainant chooses to
21    file a request for review with the Commission, he or she
22    may not later commence a civil action in a circuit court.
23    If the complainant chooses to commence a civil action in a
24    circuit court, he or she must do so within 90 days after
25    receipt of the Director's notice.
26        (4) If the Director determines that there is

 

 

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1    substantial evidence, he or she shall notify the
2    complainant and respondent of that determination. The
3    Director shall also notify the parties that the complainant
4    has the right to either commence a civil action in the
5    appropriate circuit court or request that the Department of
6    Human Rights file a complaint with the Human Rights
7    Commission on his or her behalf. Any such complaint shall
8    be filed within 90 days after receipt of the Director's
9    notice. If the complainant chooses to have the Department
10    file a complaint with the Human Rights Commission on his or
11    her behalf, the complainant must, within 30 days after
12    receipt of the Director's notice, request in writing that
13    the Department file the complaint. If the complainant
14    timely requests that the Department file the complaint, the
15    Department shall file the complaint on his or her behalf.
16    If the complainant fails to timely request that the
17    Department file the complaint, the complainant may file his
18    or her complaint with the Commission or commence a civil
19    action in the appropriate circuit court. If the complainant
20    files a complaint with the Human Rights Commission, the
21    complainant shall give notice to the Department of the
22    filing of the complaint with the Human Rights Commission.
23    (E) Conciliation.
24         (1) When there is a finding of substantial evidence,
25    the Department may designate a Department employee who is
26    an attorney licensed to practice in Illinois to endeavor to

 

 

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1    eliminate the effect of the alleged civil rights violation
2    and to prevent its repetition by means of conference and
3    conciliation.
4        (2) When the Department determines that a formal
5    conciliation conference is necessary, the complainant and
6    respondent shall be notified of the time and place of the
7    conference by registered or certified mail at least 10 days
8    prior thereto and either or both parties shall appear at
9    the conference in person or by attorney.
10        (3) The place fixed for the conference shall be within
11    35 miles of the place where the civil rights violation is
12    alleged to have been committed.
13        (4) Nothing occurring at the conference shall be
14    disclosed by the Department unless the complainant and
15    respondent agree in writing that such disclosure be made.
16        (5) The Department's efforts to conciliate the matter
17    shall not stay or extend the time for filing the complaint
18    with the Commission or the circuit court.
19    (F) Complaint.
20        (1) When the complainant requests that the Department
21    file a complaint with the Commission on his or her behalf,
22    the Department shall prepare a written complaint, under
23    oath or affirmation, stating the nature of the civil rights
24    violation substantially as alleged in the charge
25    previously filed and the relief sought on behalf of the
26    aggrieved party. The Department shall file the complaint

 

 

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1    with the Commission.
2        (2) If the complainant chooses to commence a civil
3    action in a circuit court, he or she must do so in the
4    circuit court in the county wherein the civil rights
5    violation was allegedly committed. The form of the
6    complaint in any such civil action shall be in accordance
7    with the Illinois Code of Civil Procedure.
8    (G) Time Limit.
9        (1) When a charge of a civil rights violation has been
10    properly filed, the Department, within 365 days thereof or
11    within any extension of that period agreed to in writing by
12    all parties, shall issue its report as required by
13    subparagraph (D). Any such report shall be duly served upon
14    both the complainant and the respondent.
15        (2) If the Department has not issued its report within
16    365 days after the charge is filed, or any such longer
17    period agreed to in writing by all the parties, the
18    complainant shall have 90 days to either file his or her
19    own complaint with the Human Rights Commission or commence
20    a civil action in the appropriate circuit court. If the
21    complainant files a complaint with the Commission, the form
22    of the complaint shall be in accordance with the provisions
23    of paragraph (F)(1). If the complainant commences a civil
24    action in a circuit court, the form of the complaint shall
25    be in accordance with the Illinois Code of Civil Procedure.
26    The aggrieved party shall notify the Department that a

 

 

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1    complaint has been filed and shall serve a copy of the
2    complaint on the Department on the same date that the
3    complaint is filed with the Commission or in circuit court.
4    If the complainant files a complaint with the Commission,
5    he or she may not later commence a civil action in circuit
6    court.
7        (3) If an aggrieved party files a complaint with the
8    Human Rights Commission or commences a civil action in
9    circuit court pursuant to paragraph (2) of this subsection,
10    or if the time period for filing a complaint has expired,
11    the Department shall immediately cease its investigation
12    and dismiss the charge of civil rights violation. Any final
13    order entered by the Commission under this Section is
14    appealable in accordance with paragraph (B)(1) of Section
15    8-111. Failure to immediately cease an investigation and
16    dismiss the charge of civil rights violation as provided in
17    this paragraph (3) constitutes grounds for entry of an
18    order by the circuit court permanently enjoining the
19    investigation. The Department may also be liable for any
20    costs and other damages incurred by the respondent as a
21    result of the action of the Department.
22        (4) (Blank).
23    (H) Public Act 89-370 This amendatory Act of 1995 applies
24to causes of action filed on or after January 1, 1996.
25    (I) Public Act 89-520 This amendatory Act of 1996 applies
26to causes of action filed on or after January 1, 1996.

 

 

SB3574- 17 -LRB101 16917 LNS 66316 b

1    (J) The changes made to this Section by Public Act 95-243
2apply to charges filed on or after the effective date of those
3changes.
4    (K) The changes made to this Section by Public Act 96-876
5this amendatory Act of the 96th General Assembly apply to
6charges filed on or after the effective date of those changes.
7    (L) The changes made to this Section by Public Act 100-1066
8this amendatory Act of the 100th General Assembly apply to
9charges filed on or after August 24, 2018 (the effective date
10of Public Act 100-1066) this amendatory Act of the 100th
11General Assembly.
12(Source: P.A. 100-492, eff. 9-8-17; 100-588, eff. 6-8-18;
13100-1066, eff. 8-24-18; 101-221, eff. 1-1-20; revised
149-12-19.)