Full Text of SB0020 100th General Assembly
SB0020sam001 100TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 5/15/2017
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| 1 | | AMENDMENT TO SENATE BILL 20
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 20 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Executive Order No. 17-02, filed March 31, | 5 | | 2017, is hereby superseded and of no force or effect. | 6 | | Section 5. The Illinois Human Rights Act is amended by | 7 | | changing Sections 7A-102, 7B-102, and 8-103 as follows:
| 8 | | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
| 9 | | Sec. 7A-102. Procedures.
| 10 | | (A) Charge.
| 11 | | (1) Within 180 days after the
date that a civil rights | 12 | | violation allegedly has been committed, a
charge in writing | 13 | | under oath or affirmation may be filed with the
Department | 14 | | by an aggrieved party or issued by the Department itself
| 15 | | under the signature of the Director.
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| 1 | | (2) The charge shall be in such detail as to | 2 | | substantially apprise
any party properly concerned as to | 3 | | the time, place, and facts
surrounding the alleged civil | 4 | | rights violation.
| 5 | | (3) Charges deemed filed with the Department pursuant | 6 | | to subsection (A-1) of this Section shall be deemed to be | 7 | | in compliance with this subsection. | 8 | | (A-1) Equal Employment Opportunity Commission Charges. | 9 | | (1) If a charge is filed with the Equal Employment | 10 | | Opportunity Commission (EEOC) within 180 days after the | 11 | | date of the alleged civil rights violation, the charge | 12 | | shall be deemed filed with the Department on the date filed | 13 | | with the EEOC. If the EEOC is the governmental agency | 14 | | designated to investigate the charge first, the Department | 15 | | shall take no action until the EEOC makes a determination | 16 | | on the charge and after the complainant notifies the | 17 | | Department of the EEOC's determination. In such cases, | 18 | | after receiving notice from the EEOC that a charge was | 19 | | filed, the Department shall notify the parties that (i) a | 20 | | charge has been received by the EEOC and has been sent to | 21 | | the Department for dual filing purposes; (ii) the EEOC is | 22 | | the governmental agency responsible for investigating the | 23 | | charge and that the investigation shall be conducted | 24 | | pursuant to the rules and procedures adopted by the EEOC; | 25 | | (iii) it will take no action on the charge until the EEOC | 26 | | issues its determination; (iv) the complainant must submit |
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| 1 | | a copy of the EEOC's determination within 30 days after | 2 | | service of the determination by the EEOC on complainant; | 3 | | and (v) that the time period to investigate the charge | 4 | | contained in subsection (G) of this Section is tolled from | 5 | | the date on which the charge is filed with the EEOC until | 6 | | the EEOC issues its determination. | 7 | | (2) If the EEOC finds reasonable cause to believe that | 8 | | there has been a violation of federal law and if the | 9 | | Department is timely notified of the EEOC's findings by | 10 | | complainant, the Department shall notify complainant that | 11 | | the Department has adopted the EEOC's determination of | 12 | | reasonable cause and that complainant has the right, within | 13 | | 90 days after receipt of the Department's notice, to either | 14 | | file his or her own complaint with the Illinois Human | 15 | | Rights Commission or commence a civil action in the | 16 | | appropriate circuit court or other appropriate court of | 17 | | competent jurisdiction. The Department's notice to | 18 | | complainant that the Department has adopted the EEOC's | 19 | | determination of reasonable cause shall constitute the | 20 | | Department's Report for purposes of subparagraph (D) of | 21 | | this Section. | 22 | | (3) For those charges alleging violations within the | 23 | | jurisdiction of both the EEOC and the Department and for | 24 | | which the EEOC either (i) does not issue a determination, | 25 | | but does issue the complainant a notice of a right to sue, | 26 | | including when the right to sue is issued at the request of |
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| 1 | | the complainant, or (ii) determines that it is unable to | 2 | | establish that illegal discrimination has occurred and | 3 | | issues the complainant a right to sue notice, and if the | 4 | | Department is timely notified of the EEOC's determination | 5 | | by complainant, the Department shall notify the parties | 6 | | that the Department will adopt the EEOC's determination as | 7 | | a dismissal for lack of substantial evidence unless the | 8 | | complainant requests in writing within 35 days after | 9 | | receipt of the Department's notice that the Department | 10 | | review the EEOC's determination. | 11 | | (a) If the complainant does not file a written | 12 | | request with the Department to review the EEOC's | 13 | | determination within 35 days after receipt of the | 14 | | Department's notice, the Department shall notify | 15 | | complainant that the decision of the EEOC has been | 16 | | adopted by the Department as a dismissal for lack of | 17 | | substantial evidence and that the complainant has the | 18 | | right, within 90 days after receipt of the Department's | 19 | | notice, to commence a civil action in the appropriate | 20 | | circuit court or other appropriate court of competent | 21 | | jurisdiction. The Department's notice to complainant | 22 | | that the Department has adopted the EEOC's | 23 | | determination shall constitute the Department's report | 24 | | for purposes of subparagraph (D) of this Section. | 25 | | (b) If the complainant does file a written request | 26 | | with the Department to review the EEOC's |
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| 1 | | determination, the Department shall review the EEOC's | 2 | | determination and any evidence obtained by the EEOC | 3 | | during its investigation. If, after reviewing the | 4 | | EEOC's determination and any evidence obtained by the | 5 | | EEOC, the Department determines there is no need for | 6 | | further investigation of the charge, the Department | 7 | | shall issue a report and the Director shall determine | 8 | | whether there is substantial evidence that the alleged | 9 | | civil rights violation has been committed pursuant to | 10 | | subsection (D) of Section 7A-102. If, after reviewing | 11 | | the EEOC's determination and any evidence obtained by | 12 | | the EEOC, the Department determines there is a need for | 13 | | further investigation of the charge, the Department | 14 | | may conduct any further investigation it deems | 15 | | necessary. After reviewing the EEOC's determination, | 16 | | the evidence obtained by the EEOC, and any additional | 17 | | investigation conducted by the Department, the | 18 | | Department shall issue a report and the Director shall | 19 | | determine whether there is substantial evidence that | 20 | | the alleged civil rights violation has been committed | 21 | | pursuant to subsection (D) of Section 7A-102 of this | 22 | | Act. | 23 | | (4) Pursuant to this Section, if the EEOC dismisses the | 24 | | charge or a portion of the charge of discrimination | 25 | | because, under federal law, the EEOC lacks jurisdiction | 26 | | over the charge, and if, under this Act, the Department has |
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| 1 | | jurisdiction over the charge of discrimination, the | 2 | | Department shall investigate the charge or portion of the | 3 | | charge dismissed by the EEOC for lack of jurisdiction | 4 | | pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), | 5 | | (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of | 6 | | this Act. | 7 | | (5) The time limit set out in subsection (G) of this | 8 | | Section is tolled from the date on which the charge is | 9 | | filed with the EEOC to the date on which the EEOC issues | 10 | | its determination.
| 11 | | (B) Notice and Response to Charge.
The Department shall, | 12 | | within 10
days of the date on which the charge
was filed, serve | 13 | | a copy of the charge on the respondent. This period shall
not | 14 | | be construed to be jurisdictional. The charging party and the | 15 | | respondent
may each file a position statement and other | 16 | | materials with the Department
regarding the charge of alleged | 17 | | discrimination within 60 days of receipt of the
notice of the | 18 | | charge. The position statements and other materials filed shall
| 19 | | remain confidential unless otherwise agreed to by the party | 20 | | providing the
information and shall not be served on or made | 21 | | available to the other
party during pendency
of a charge with | 22 | | the Department. The Department
shall
require the respondent to | 23 | | file a verified response to
the allegations contained in the | 24 | | charge within 60 days of receipt of the
notice of the
charge. | 25 | | The respondent shall serve a copy
of its response on the
| 26 | | complainant or his representative. All allegations contained |
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| 1 | | in the charge
not timely denied by the respondent shall be | 2 | | deemed admitted, unless the
respondent states that it is | 3 | | without sufficient information to
form a belief with respect to | 4 | | such allegation. The Department may issue
a notice of default | 5 | | directed to any respondent who fails to file a
verified | 6 | | response to a charge within 60 days of receipt of the
notice of | 7 | | the charge,
unless the respondent can
demonstrate good cause as
| 8 | | to why such notice should not issue. The term "good cause" | 9 | | shall be defined by rule promulgated by the Department. Within | 10 | | 30 days of receipt
of the respondent's response, the | 11 | | complainant may file a
reply to
said response and
shall serve
a | 12 | | copy of said reply on the respondent or his representative. A | 13 | | party
shall have the right to supplement his response or reply | 14 | | at any time that
the investigation of the charge is pending. | 15 | | The Department shall,
within 10 days of the date on which the | 16 | | charge was filed,
and again no later than 335 days thereafter,
| 17 | | send by certified or registered mail written notice to the | 18 | | complainant
and to the respondent
informing the complainant
of | 19 | | the complainant's rights right to either file a complaint with | 20 | | the Human
Rights Commission or commence a civil action in the | 21 | | appropriate circuit court
under subparagraph (2) of paragraph | 22 | | (G) and under subsection (C-1) , including in such notice the | 23 | | dates
within which the complainant may exercise these rights | 24 | | this right .
In the notice the Department shall notify the | 25 | | complainant that the
charge of civil rights violation will be | 26 | | dismissed with prejudice and with no
right to further proceed |
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| 1 | | if a written complaint is not timely filed with
the Commission | 2 | | or with the appropriate circuit court by the complainant | 3 | | pursuant to subparagraph (2) of paragraph (G) or subsection | 4 | | (C-1)
or by the Department pursuant to subparagraph (1) of | 5 | | paragraph (G).
| 6 | | (B-1) Mediation. The complainant and respondent may agree | 7 | | to voluntarily
submit the charge
to mediation without waiving | 8 | | any rights that are otherwise available to
either party | 9 | | pursuant to this Act and without incurring any obligation to
| 10 | | accept the result of the mediation process. Nothing occurring | 11 | | in mediation
shall
be disclosed by the Department or admissible | 12 | | in evidence in any subsequent
proceeding unless the complainant | 13 | | and the respondent agree in writing that such
disclosure be | 14 | | made.
| 15 | | (C) Investigation.
| 16 | | (1) After the respondent has been notified, the
| 17 | | Department shall conduct an a full investigation of the | 18 | | allegations set
forth in the charge. The Department shall | 19 | | use discretion in deciding how full an investigation to | 20 | | complete based on its assessment of the likelihood that the | 21 | | facts will be sufficient to show substantial evidence to | 22 | | show that the alleged civil rights violation has been | 23 | | committed.
| 24 | | (2) The Director or his or her designated | 25 | | representatives shall have
authority to request any member | 26 | | of the Commission to issue subpoenas to
compel the |
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| 1 | | attendance of a witness or the production for
examination | 2 | | of any books, records or documents whatsoever.
| 3 | | (3) If any witness whose testimony is required for any | 4 | | investigation
resides outside the State, or through | 5 | | illness or any other good cause as
determined by the | 6 | | Director is unable to be interviewed by the investigator
or | 7 | | appear at a fact finding conference, his or her testimony | 8 | | or deposition
may be taken, within or without the State, in | 9 | | the same manner as is
provided for in the taking of | 10 | | depositions in civil cases in circuit courts.
| 11 | | (4) Upon reasonable notice to the complainant and the | 12 | | respondent,
the Department shall conduct a fact finding | 13 | | conference, unless prior to
365 days after the date on | 14 | | which the charge was filed the Director has determined | 15 | | whether there is substantial evidence
that the alleged | 16 | | civil rights violation has been committed, the charge has
| 17 | | been dismissed for lack of jurisdiction, or the parties | 18 | | voluntarily and in writing agree to waive the fact finding | 19 | | conference. Any party's failure to attend the conference | 20 | | without good cause
shall result in dismissal or default. | 21 | | The term "good cause"
shall
be defined by rule promulgated | 22 | | by the Department. A notice of dismissal or
default shall | 23 | | be issued by the Director. The notice of default issued by | 24 | | the Director shall notify the respondent that a request for | 25 | | review may be filed in writing with the Commission
within | 26 | | 30 days of receipt of notice of default. The notice of |
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| 1 | | dismissal issued by the Director shall give
the complainant | 2 | | notice of his or her right to either file his or her own | 3 | | complaint with the Human Rights Commission seek review of | 4 | | the dismissal
before the Human Rights Commission or | 5 | | commence a civil action in the
appropriate circuit court. | 6 | | If the complainant chooses to have the Human Rights | 7 | | Commission review the dismissal order, he or she shall file | 8 | | a request for review with the Commission within 90 days | 9 | | after receipt of the Director's notice. If the complainant | 10 | | chooses to file a request for review with the Commission, | 11 | | he or she may not later commence a civil action in a | 12 | | circuit court. If the complainant chooses to file a | 13 | | complaint with the Commission or commence a civil action in | 14 | | a circuit court, he or she must do so within 90 days after | 15 | | receipt of the Director's notice.
| 16 | | (C-1) Opt-out of Department's investigation. Any time | 17 | | after a charge has been pending for more than 90 days, a | 18 | | complainant has the right to request notice from the Director | 19 | | indicating that the complainant has opted out of the | 20 | | investigation and may file a complaint with the Commission or | 21 | | commence a civil action in the appropriate circuit court. If | 22 | | the complainant chooses to file a complaint with the Commission | 23 | | or commence an action in a circuit court under this subsection | 24 | | (C-1), he or she must do within 90 days after receipt of the | 25 | | Director's notice. | 26 | | (D) Report.
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| 1 | | (1) Each charge investigated under subsection (C) | 2 | | shall be the
subject of a
report to the Director. The | 3 | | report shall be a confidential document
subject to review | 4 | | by the Director, authorized Department employees, the
| 5 | | parties, and, where indicated by this Act, members of the | 6 | | Commission or
their designated hearing officers.
| 7 | | (2) Upon review of the report, the Director shall | 8 | | determine whether
there is substantial evidence that the | 9 | | alleged civil rights violation
has been committed.
The | 10 | | determination of substantial evidence is limited to | 11 | | determining the need
for further consideration of the | 12 | | charge pursuant to this Act
and includes, but is not | 13 | | limited to, findings of fact and conclusions, as well
as | 14 | | the reasons for the determinations on all material issues. | 15 | | Substantial evidence is evidence which a reasonable mind | 16 | | accepts
as sufficient to support a particular conclusion | 17 | | and which consists of more
than a mere scintilla but may be | 18 | | somewhat less than a preponderance.
| 19 | | (3) If the Director determines
that there is no | 20 | | substantial
evidence, the charge shall be dismissed by | 21 | | order of the
Director and the Director shall give the
| 22 | | complainant notice of his or her right to either file his | 23 | | or her own complaint with the Human Rights Commission seek | 24 | | review of the dismissal order before the
Commission or | 25 | | commence a civil action in the appropriate circuit court. | 26 | | If the complainant chooses to have the Human Rights |
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| 1 | | Commission review the dismissal order, he or she shall file | 2 | | a request for review with the Commission within 90 days | 3 | | after receipt of the Director's notice. If the complainant | 4 | | chooses to file a request for review with the Commission, | 5 | | he or she may not later commence a civil action in a | 6 | | circuit court. If the complainant chooses to commence a | 7 | | civil action in a circuit court or file his or her own | 8 | | complaint with the Commission , he or she must do so within | 9 | | 90 days after receipt of the Director's notice.
| 10 | | (4) If the Director determines that there is | 11 | | substantial evidence, he or she shall notify the | 12 | | complainant and respondent of that determination. The | 13 | | Director shall also notify the parties that the complainant | 14 | | has the right to either commence a civil action in the | 15 | | appropriate circuit court or request that the Department of | 16 | | Human Rights file a complaint with the Human Rights | 17 | | Commission on his or her behalf. Any such complaint shall | 18 | | be filed within 90 days after receipt of the Director's | 19 | | notice. If the complainant chooses to have the Department | 20 | | file a complaint with the Human Rights Commission on his or | 21 | | her behalf, the complainant must, within 30 days after | 22 | | receipt of the Director's notice, request in writing that | 23 | | the Department file the complaint. If the complainant | 24 | | timely requests that the Department file the complaint, the | 25 | | Department shall file the complaint on his or her behalf. | 26 | | If the complainant fails to timely request that the |
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| 1 | | Department file the complaint, the complainant may file his | 2 | | or her complaint with the Commission or commence a civil | 3 | | action in the appropriate circuit court.
If the complainant | 4 | | files a complaint with
the Human Rights Commission, the | 5 | | complainant shall give notice to the
Department of the | 6 | | filing of the complaint with the Human Rights Commission. | 7 | | (E) Conciliation.
| 8 | |
(1) When there is a finding of substantial evidence, | 9 | | the Department may designate a Department employee who is | 10 | | an attorney
licensed to practice in Illinois to endeavor to | 11 | | eliminate the effect of
the alleged civil rights violation | 12 | | and to prevent its repetition by
means of conference and | 13 | | conciliation.
| 14 | | (2) When the Department determines that a formal
| 15 | | conciliation conference is necessary, the complainant and | 16 | | respondent
shall be notified of the time and place of the | 17 | | conference by registered
or certified mail at least 10 days | 18 | | prior thereto and either or both
parties shall appear at | 19 | | the conference in person or by attorney.
| 20 | | (3) The place fixed for the conference shall be within | 21 | | 35 miles of
the place where the civil rights violation is | 22 | | alleged to have been
committed.
| 23 | | (4) Nothing occurring at the conference shall be | 24 | | disclosed by the
Department unless
the complainant and | 25 | | respondent agree in writing that
such disclosure be made.
| 26 | | (5) The Department's efforts to conciliate the matter |
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| 1 | | shall not stay or extend the time for filing the complaint | 2 | | with the Commission or the circuit court.
| 3 | | (F) Complaint.
| 4 | | (1) When the complainant requests that the Department | 5 | | file a complaint with the Commission on his or her behalf, | 6 | | the Department shall prepare a
written complaint, under | 7 | | oath or affirmation, stating the nature of the
civil rights | 8 | | violation substantially as alleged in the charge | 9 | | previously
filed and the relief sought on behalf of the | 10 | | aggrieved party. The Department shall file the complaint | 11 | | with the Commission.
| 12 | | (2) If the complainant chooses to commence a civil | 13 | | action in a circuit court, he or she must do so in the | 14 | | circuit court in the county wherein the civil rights | 15 | | violation was allegedly committed. The form of the | 16 | | complaint in any such civil action shall be in accordance | 17 | | with the Illinois Code of Civil Procedure.
| 18 | | (G) Time Limit.
| 19 | | (1) When a charge of a civil rights violation has been
| 20 | | properly filed, the Department, within 365
days thereof or | 21 | | within any
extension of that period agreed to in writing by | 22 | | all parties, shall issue its report as required by | 23 | | subparagraph (D). Any such report
shall be duly served upon | 24 | | both the complainant and the respondent.
| 25 | | (2) If the Department has not issued its report within | 26 | | 365 days after the charge is filed, or any such longer |
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| 1 | | period agreed to in writing by all the parties, the | 2 | | complainant shall have 90 days to either file his or her | 3 | | own complaint with the Human Rights Commission or commence | 4 | | a civil action in the appropriate circuit court. If the | 5 | | complainant files a complaint with the Commission, the form | 6 | | of the complaint shall be in accordance with the provisions | 7 | | of
paragraph (F)(1). If the complainant commences a civil | 8 | | action in a circuit court, the form of the complaint shall | 9 | | be in accordance with the Illinois Code of Civil Procedure. | 10 | | The aggrieved party shall notify the Department that a
| 11 | | complaint
has been filed and shall serve a copy of the | 12 | | complaint on the Department
on the same date that the | 13 | | complaint is filed with the Commission or in circuit court. | 14 | | If the complainant files a complaint with the Commission, | 15 | | he or she may not later commence a civil action in circuit | 16 | | court.
| 17 | | (3) If an aggrieved party files a complaint
with the
| 18 | | Human Rights Commission or commences a civil action in | 19 | | circuit court pursuant to paragraph (2) of this subsection, | 20 | | or if
the time period for filing a complaint has expired, | 21 | | the
Department shall immediately cease its investigation | 22 | | and
dismiss the charge of civil rights violation.
Any final | 23 | | order entered by the Commission under this Section is
| 24 | | appealable in accordance with paragraph (B)(1) of Section | 25 | | 8-111.
Failure to immediately cease an investigation and | 26 | | dismiss the charge of civil
rights violation as provided in |
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| 1 | | this paragraph
(3) constitutes grounds for entry of an | 2 | | order 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 civil | 8 | | action by or on behalf of the
aggrieved party under any | 9 | | federal or State law seeking relief with respect to
the
| 10 | | alleged civil rights violation.
| 11 | | (H) This amendatory Act of 1995 applies to causes of action | 12 | | filed on or
after January 1, 1996.
| 13 | | (I) This amendatory Act of 1996 applies to causes of action | 14 | | filed on or
after January 1, 1996.
| 15 | | (J) The changes made to this Section by Public Act 95-243 | 16 | | apply to charges filed on or
after the effective date of those | 17 | | changes.
| 18 | | (K) The changes made to this Section by this amendatory Act | 19 | | of the 96th General Assembly apply to charges filed on or
after | 20 | | the effective date of those changes. | 21 | | (Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12; 97-596, | 22 | | eff. 8-26-11; 97-813, eff. 7-13-12.)
| 23 | | (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
| 24 | | Sec. 7B-102. Procedures.
| 25 | | (A) Charge.
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| 1 | | (1) Within one year after the
date that a civil rights | 2 | | violation allegedly has been committed or terminated,
a | 3 | | charge in writing under oath or affirmation may be filed | 4 | | with the
Department by an aggrieved party or issued by the | 5 | | Department itself
under the signature of the Director.
| 6 | | (2) The charge shall be in such detail as to | 7 | | substantially apprise
any party properly concerned as to | 8 | | the time, place, and facts
surrounding the alleged civil | 9 | | rights violation.
| 10 | | (B) Notice and Response to Charge.
| 11 | | (1) The Department shall serve
notice upon the | 12 | | aggrieved party acknowledging such charge and advising the
| 13 | | aggrieved party of the time limits and choice of forums | 14 | | provided under this
Act. The Department shall, within 10 | 15 | | days of the date on which the charge
was filed or the | 16 | | identification of an additional respondent under paragraph
| 17 | | (2) of this subsection, serve on the respondent a copy of | 18 | | the charge along with a notice
identifying the alleged | 19 | | civil rights violation and advising the
respondent of the | 20 | | procedural rights and obligations of respondents under
| 21 | | this Act and shall require the respondent to file a | 22 | | verified response to
the allegations contained in the | 23 | | charge within 30 days. The respondent
shall serve a copy of | 24 | | its response on the complainant or his
representative. All | 25 | | allegations contained in the charge
not timely denied by | 26 | | the respondent shall be deemed admitted, unless the
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| 1 | | respondent states that it is without sufficient | 2 | | information to
form a belief with respect to such | 3 | | allegation. The Department may issue
a notice of default | 4 | | directed to any respondent who fails to file a verified
| 5 | | response to a charge within 30 days of the date on which | 6 | | the charge was
filed, unless the respondent can demonstrate | 7 | | good cause as
to why such notice should not issue. The term | 8 | | "good cause" shall be defined by rule promulgated by the | 9 | | Department. Within 10 days of the date he
receives the | 10 | | respondent's response, the complainant may file his reply | 11 | | to
said response. If he chooses to file a reply, the | 12 | | complainant shall serve
a copy of said reply on the | 13 | | respondent or his representative. A party
shall have the | 14 | | right to supplement his response or reply at any time that
| 15 | | the investigation of the charge is pending. The Department | 16 | | shall, within 10 days of the date on which the charge was | 17 | | filed, and again no later than 70 days thereafter, send by | 18 | | certified or registered mail written notice to the | 19 | | complainant and the respondent informing the complainant | 20 | | of the complainant's right to either file a complaint with | 21 | | the Human Rights Commission or commence a civil action in | 22 | | the appropriate circuit court under paragraph (2) of | 23 | | subsection (G) and under subsection (C-1), including in | 24 | | such notice the dates within which the complainant may | 25 | | exercise this right.
| 26 | | (2) A person who is not named as a respondent in a |
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| 1 | | charge, but who is
identified as a respondent in the course | 2 | | of investigation, may be joined as
an additional or | 3 | | substitute respondent upon written notice, under | 4 | | subsection
(B), to such person, from the Department.
Such | 5 | | notice, in addition to meeting the requirements of | 6 | | subsections (A)
and (B), shall explain the basis for the | 7 | | Department's belief that a person
to whom the notice is | 8 | | addressed is properly joined as a respondent.
| 9 | | (C) Investigation.
| 10 | | (1) The Department shall conduct an a full | 11 | | investigation
of the allegations set forth in the charge | 12 | | and complete such investigation
within 100 days after the | 13 | | filing of the charge, unless it is impracticable to
do so. | 14 | | The Department's failure to complete the investigation | 15 | | within 100 days after the proper filing of the charge does | 16 | | not deprive the Department of jurisdiction over the charge. | 17 | | The Department shall use discretion in deciding how full an | 18 | | investigation to complete based on its assessment of the | 19 | | likelihood that the facts will be sufficient to show | 20 | | substantial evidence to show that the alleged civil rights | 21 | | violation has been committed.
| 22 | | (2) If the Department is unable to complete the | 23 | | investigation within 100
days after the charge is filed, | 24 | | the Department shall notify the complainant
and respondent | 25 | | in writing of the reasons for not doing so.
| 26 | | (3) The Director or his or her designated |
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| 1 | | representative shall have
authority to request any member | 2 | | of the Commission to issue subpoenas to
compel the | 3 | | attendance of a witness or the production for
examination | 4 | | of any books, records or documents whatsoever.
| 5 | | (4) If any witness whose testimony is required for any | 6 | | investigation
resides outside the State, or through | 7 | | illness or any other good cause as
determined by the | 8 | | Director is unable to be interviewed by the investigator
or | 9 | | appear at a fact finding conference, his or her testimony | 10 | | or deposition
may be taken, within or without the State, in | 11 | | the same manner as
provided for in the taking of | 12 | | depositions in civil cases in circuit courts.
| 13 | | (5) Upon reasonable notice to the complainant and the | 14 | | respondent,
the Department shall conduct a fact finding | 15 | | conference, unless prior to
100 days from the date on which | 16 | | the charge was filed, the Director has
determined whether | 17 | | there is substantial evidence that the alleged civil
rights | 18 | | violation has been committed or the parties voluntarily and | 19 | | in writing agree to waive the fact finding conference. A | 20 | | party's failure to attend the
conference
without good cause | 21 | | may result in dismissal or default. A notice of dismissal
| 22 | | or default shall be issued by the Director . The notice of | 23 | | default issued by the Director shall notify the respondent | 24 | | that a request for review may be filed in writing with the | 25 | | Commission within 30 days of receipt of notice of default. | 26 | | The notice of dismissal issued by the Director shall give |
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| 1 | | the complainant notice of his or her right to either file | 2 | | his or her own complaint with the Human Rights Commission | 3 | | or commence a civil action in the appropriate circuit | 4 | | court. If the complainant chooses to file a complaint with | 5 | | the Commission or commence a civil action in a circuit | 6 | | court, he or she must do so within 90 days after receipt of | 7 | | the Director's notice. and shall notify the relevant
party | 8 | | that a request for review may be filed in writing with the | 9 | | Commission
within 30 days of receipt of notice of dismissal | 10 | | or default.
| 11 | | (C-1) Opt-out of Department's investigation. Any time | 12 | | after a charge has been pending for more than 90 days, a | 13 | | complainant has the right to request notice from the Director | 14 | | indicating that the complainant has opted out of the | 15 | | investigation and may file a complaint with the Commission or | 16 | | commence a civil action in the appropriate circuit court. If | 17 | | the complainant chooses to file a complaint with the Commission | 18 | | or commence an action in a circuit court under this subsection | 19 | | (C-1), he or she must do within 90 days after receipt of the | 20 | | Director's notice. | 21 | | (D) Report.
| 22 | | (1) Each investigated charge investigated under | 23 | | subsection (C) shall be the subject of a
report to the | 24 | | Director. The report shall be a confidential document
| 25 | | subject to review by the Director, authorized Department | 26 | | employees, the
parties, and, where indicated by this Act, |
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| 1 | | members of the Commission or
their designated hearing | 2 | | officers.
| 3 | | The report shall contain:
| 4 | | (a) the names and dates of contacts with witnesses;
| 5 | | (b) a summary and the date of correspondence and | 6 | | other contacts with the
aggrieved party and the | 7 | | respondent;
| 8 | | (c) a summary description of other pertinent | 9 | | records;
| 10 | | (d) a summary of witness statements; and
| 11 | | (e) answers to questionnaires.
| 12 | | A final report under this paragraph may be amended if | 13 | | additional evidence
is later discovered.
| 14 | | (2) Upon review of the report and within 100 days of | 15 | | the filing of the
charge, unless it is impracticable
to do | 16 | | so, the Director shall determine whether there is | 17 | | substantial
evidence that the alleged civil rights | 18 | | violation has been committed or is
about to be committed.
| 19 | | If the Director is unable to make the determination within | 20 | | 100 days after
the filing of the charge, the Director shall | 21 | | notify the complainant and
respondent in writing of the | 22 | | reasons for not doing so. The Director's failure to make | 23 | | the determination within 100 days after the proper filing | 24 | | of the charge does not deprive the Department of | 25 | | jurisdiction over the charge.
| 26 | | (a) If the Director determines that there is no |
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| 1 | | substantial
evidence, the charge shall be dismissed | 2 | | and the aggrieved party notified
that he or she may | 3 | | either file his or her own complaint with the Human | 4 | | Rights Commission or commence a civil action in the | 5 | | appropriate circuit court seek review of the dismissal | 6 | | order before the
Commission . If the complainant | 7 | | chooses to commence a civil action in a circuit court | 8 | | or file his or her own complaint with the Commission, | 9 | | he or she must do so within 90 days after receipt of | 10 | | the Director's notice. The aggrieved party shall have | 11 | | 90 days from receipt of notice
to file a request for | 12 | | review by the Commission. The
Director shall make
| 13 | | public disclosure of each such dismissal.
| 14 | | (b) If the Director determines that there is | 15 | | substantial evidence, he or
she shall immediately | 16 | | issue a complaint on behalf of the aggrieved party
| 17 | | pursuant to subsection (F).
| 18 | | (E) Conciliation.
| 19 | | (1) During the period beginning with the filing of
| 20 | | charge and ending with the filing of a complaint or a | 21 | | dismissal by the
Department, the Department shall, to the | 22 | | extent feasible, engage in
conciliation with respect to | 23 | | such charge.
| 24 | | When the Department determines that a formal
| 25 | | conciliation conference is feasible, the aggrieved party | 26 | | and respondent
shall be notified of the time and place of |
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| 1 | | the conference by registered
or certified mail at least 7 | 2 | | days prior thereto and either or both
parties shall appear | 3 | | at the conference in person or by attorney.
| 4 | | (2) The place fixed for the conference shall be within | 5 | | 35 miles of
the place where the civil rights violation is | 6 | | alleged to have been
committed.
| 7 | | (3) Nothing occurring at the conference shall be made | 8 | | public or used as
evidence in a subsequent proceeding for | 9 | | the purpose of proving a violation
under this Act unless | 10 | | the complainant and respondent agree in writing that
such | 11 | | disclosure be made.
| 12 | | (4) A conciliation agreement arising out of such | 13 | | conciliation shall be
an agreement between the respondent | 14 | | and the complainant, and shall be
subject to approval by | 15 | | the Department and Commission.
| 16 | | (5) A conciliation agreement may provide for binding | 17 | | arbitration of the
dispute arising from the charge. Any | 18 | | such arbitration that results from a
conciliation | 19 | | agreement may award appropriate relief, including monetary | 20 | | relief.
| 21 | | (6) Each conciliation agreement shall be made public | 22 | | unless the
complainant and respondent otherwise agree and | 23 | | the Department determines
that disclosure is not required | 24 | | to further the purpose of this Act.
| 25 | | (F) Complaint.
| 26 | | (1) When there is a failure to settle or adjust any
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| 1 | | charge through a conciliation conference and the charge is | 2 | | not dismissed,
the Department shall prepare a
written | 3 | | complaint, under oath or affirmation, stating the nature of | 4 | | the
civil rights violation and the relief sought on behalf | 5 | | of the aggrieved
party. Such complaint shall be based on | 6 | | the final investigation report and
need not be limited to | 7 | | the facts or grounds alleged in the charge filed
under | 8 | | subsection (A).
| 9 | | (2) The complaint shall be filed with the Commission.
| 10 | | (3) The Department may not issue a complaint under this | 11 | | Section
regarding an alleged civil rights violation after | 12 | | the beginning of
the trial of a civil action commenced by | 13 | | the aggrieved party under any
State or federal law, seeking | 14 | | relief with respect to that alleged civil rights
violation. | 15 | | (4) If the complainant chooses to commence a civil | 16 | | action in a circuit court, he or she must do so in the | 17 | | circuit court in the county wherein the civil rights | 18 | | violation was allegedly committed. The form of the | 19 | | complaint shall be in accordance with the Code of Civil | 20 | | Procedure.
| 21 | | (G) Time Limit.
| 22 | | (1) When a charge of a civil rights violation has been | 23 | | properly filed, the Department, within 100 days thereof or | 24 | | within any extension of that period agreed to in writing by | 25 | | all parties, shall issue its report as required by | 26 | | subsection (D). Any such report shall be duly served upon |
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| 1 | | both the complainant and the respondent. | 2 | | (2) If the Department has not issued its report within | 3 | | 100 days after the charge is filed, or any such longer | 4 | | period agreed to in writing by all the parties, the | 5 | | complainant shall have 90 days to either file his or her | 6 | | own complaint with the Human Rights Commission or commence | 7 | | a civil action in the appropriate circuit court. If the | 8 | | complainant files a complaint with the Commission, the form | 9 | | of the complaint shall be in accordance with the provisions | 10 | | of paragraph (1) of subsection (F). If the complainant | 11 | | commences a civil action in a circuit court, the form of | 12 | | the complaint shall be in accordance with the Code of Civil | 13 | | Procedure. The aggrieved party shall notify the Department | 14 | | that a complaint has been filed and shall serve a copy of | 15 | | the complaint on the Department on the same date that the | 16 | | complaint is filed with the Commission or in circuit court. | 17 | | If the complainant files a complaint with the Commission, | 18 | | he or she may not later commence a civil action in circuit | 19 | | court. | 20 | | (3) If an aggrieved party files a complaint with the | 21 | | Human Rights Commission or commences a civil action in | 22 | | circuit court pursuant to paragraph (2) of this subsection | 23 | | (G), or if the time period for filing a complaint has | 24 | | expired, the Department shall immediately cease its | 25 | | investigation and dismiss the charge of civil rights | 26 | | violation. Any final order entered by the Commission under |
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| 1 | | this Section is appealable in accordance with paragraph (1) | 2 | | of subsection (B) of Section 8-111. Failure to immediately | 3 | | cease an investigation and dismiss the charge of civil | 4 | | rights violation as provided in this paragraph (3) | 5 | | constitutes grounds for entry of an order by the circuit | 6 | | court permanently enjoining the investigation. The | 7 | | Department may also be liable for any costs and other | 8 | | damages incurred by the respondent as a result of the | 9 | | action of the Department. | 10 | | (4) The Department shall stay any administrative | 11 | | proceedings under this Section after the filing of a civil | 12 | | action by or on behalf of the aggrieved party under any | 13 | | federal or State law seeking relief with respect to the | 14 | | alleged civil rights violation.
| 15 | | (1) When a charge of a civil rights violation has been
| 16 | | properly filed, the Department, within 100 days thereof, | 17 | | unless it is
impracticable to do so,
shall either issue and | 18 | | file a complaint in the manner and form set forth in
this | 19 | | Section or shall order that no complaint be issued. Any | 20 | | such order
shall be duly served upon both the aggrieved | 21 | | party and the respondent. The Department's failure to | 22 | | either issue and file a complaint or order that no | 23 | | complaint be issued within 100 days after the proper filing | 24 | | of the charge does not deprive the Department of | 25 | | jurisdiction over the charge.
| 26 | | (2) The Director shall make available to the aggrieved |
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| 1 | | party
and the respondent, at any time, upon request | 2 | | following completion of the
Department's investigation, | 3 | | information derived from an investigation and
any final | 4 | | investigative report relating to that investigation.
| 5 | | (H) This amendatory Act of 1995 applies to causes of action | 6 | | filed on or
after
January 1, 1996.
| 7 | | (I) The changes made to this Section by Public Act 95-243 | 8 | | apply to charges filed on or
after the effective date of those | 9 | | changes. | 10 | | (J) The changes made to this Section by this amendatory Act | 11 | | of the 96th General Assembly apply to charges filed on or
after | 12 | | the effective date of those changes. | 13 | | (Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12.)
| 14 | | (775 ILCS 5/8-103) (from Ch. 68, par. 8-103)
| 15 | | Sec. 8-103. Request for Review.
| 16 | | (A) Jurisdiction. The Commission,
through a panel of three | 17 | | members, shall have jurisdiction to hear and
determine requests | 18 | | for review of (1) decisions of the Department to dismiss
a | 19 | | charge; and (2) notices of default issued by the Department.
| 20 | | The In each instance, the Department shall be the | 21 | | respondent.
| 22 | | (B) Review. When a request for review is properly filed, | 23 | | the Commission
may consider the Department's report, any | 24 | | argument and supplemental evidence
timely submitted, and the | 25 | | results of any additional investigation conducted by
the
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| 1 | | Department in response to the request. In its discretion, the | 2 | | Commission
may designate a hearing officer to conduct a hearing | 3 | | into the factual basis
of the matter at issue.
| 4 | | (C) Default Order. When a respondent fails to file a timely | 5 | | request
for review of a notice of default, or the default is | 6 | | sustained on review,
the Commission shall enter a default order | 7 | | and notify the parties that the complainant has the right to | 8 | | either commence a civil action in the appropriate circuit court | 9 | | to determine the complainant's damages or request that the | 10 | | Commission set a hearing on damages before one of its hearing | 11 | | officers. The complainant shall have 90 days after receipt of | 12 | | the Commission's default order to either commence a civil | 13 | | action in the appropriate circuit court or request that the | 14 | | Commission set a hearing on damages.
| 15 | | (D) Time Period Toll. Proceedings on requests for review | 16 | | shall toll
the time limitation established in paragraph (G) of | 17 | | Section 7A-102 from
the date on which the Department's notice | 18 | | of dismissal or default is issued
to the date
on which the | 19 | | Commission's order is entered.
| 20 | | (E) The changes made to this Section by Public Act 95-243 | 21 | | apply to charges or complaints filed with the Department or | 22 | | Commission on or
after the effective date of those changes. | 23 | | (F) The changes made to this Section by this amendatory Act | 24 | | of the 96th General Assembly apply to charges or complaints | 25 | | filed with the Department or Commission on or
after the | 26 | | effective date of those changes. |
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| 1 | | (Source: P.A. 95-243, eff. 1-1-08; 96-876, eff. 2-2-10.)".
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