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Full Text of SB1516  100th General Assembly

SB1516eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB1516 EngrossedLRB100 11152 HEP 21447 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 7A-102 and 7B-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 180 days after the date that a civil rights
10    violation allegedly has been committed, a charge in writing
11    under oath or affirmation may be filed with the Department
12    by an aggrieved party or issued by the Department itself
13    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 180 days after the

 

 

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

 

 

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1    the Department has adopted the EEOC's determination of
2    reasonable cause and that complainant has the right, within
3    90 days after receipt of the Department's notice, to either
4    file his or her own complaint with the Illinois Human
5    Rights Commission or commence a civil action in the
6    appropriate circuit court or other appropriate court of
7    competent jurisdiction. The Department's notice to
8    complainant that the Department has adopted the EEOC's
9    determination of reasonable cause shall constitute the
10    Department's Report for purposes of subparagraph (D) of
11    this Section.
12        (3) For those charges alleging violations within the
13    jurisdiction of both the EEOC and the Department and for
14    which the EEOC either (i) does not issue a determination,
15    but does issue the complainant a notice of a right to sue,
16    including when the right to sue is issued at the request of
17    the complainant, or (ii) determines that it is unable to
18    establish that illegal discrimination has occurred and
19    issues the complainant a right to sue notice, and if the
20    Department is timely notified of the EEOC's determination
21    by complainant, the Department shall notify the parties
22    that the Department will adopt the EEOC's determination as
23    a dismissal for lack of substantial evidence unless the
24    complainant requests in writing within 35 days after
25    receipt of the Department's notice that the Department
26    review the EEOC's determination.

 

 

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1            (a) If the complainant does not file a written
2        request with the Department to review the EEOC's
3        determination within 35 days after receipt of the
4        Department's notice, the Department shall notify
5        complainant that the decision of the EEOC has been
6        adopted by the Department as a dismissal for lack of
7        substantial evidence and that the complainant has the
8        right, within 90 days after receipt of the Department's
9        notice, to commence a civil action in the appropriate
10        circuit court or other appropriate court of competent
11        jurisdiction. The Department's notice to complainant
12        that the Department has adopted the EEOC's
13        determination shall constitute the Department's report
14        for purposes of subparagraph (D) of this Section.
15            (b) If the complainant does file a written request
16        with the Department to review the EEOC's
17        determination, the Department shall review the EEOC's
18        determination and any evidence obtained by the EEOC
19        during its investigation. If, after reviewing the
20        EEOC's determination and any evidence obtained by the
21        EEOC, the Department determines there is no need for
22        further investigation of the charge, the Department
23        shall issue a report and the Director shall determine
24        whether there is substantial evidence that the alleged
25        civil rights violation has been committed pursuant to
26        subsection (D) of Section 7A-102. If, after reviewing

 

 

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1        the EEOC's determination and any evidence obtained by
2        the EEOC, the Department determines there is a need for
3        further investigation of the charge, the Department
4        may conduct any further investigation it deems
5        necessary. After reviewing the EEOC's determination,
6        the evidence obtained by the EEOC, and any additional
7        investigation conducted by the Department, the
8        Department shall issue a report and the Director shall
9        determine whether there is substantial evidence that
10        the alleged civil rights violation has been committed
11        pursuant to subsection (D) of Section 7A-102 of this
12        Act.
13        (4) Pursuant to this Section, if the EEOC dismisses the
14    charge or a portion of the charge of discrimination
15    because, under federal law, the EEOC lacks jurisdiction
16    over the charge, and if, under this Act, the Department has
17    jurisdiction over the charge of discrimination, the
18    Department shall investigate the charge or portion of the
19    charge dismissed by the EEOC for lack of jurisdiction
20    pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
21    (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of
22    this Act.
23        (5) The time limit set out in subsection (G) of this
24    Section is tolled from the date on which the charge is
25    filed with the EEOC to the date on which the EEOC issues
26    its determination.

 

 

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1    (B) Notice and Response to Charge. The Department shall,
2within 10 days of the date on which the charge was filed, serve
3a copy of the charge on the respondent. This period shall not
4be construed to be jurisdictional. The charging party and the
5respondent may each file a position statement and other
6materials with the Department regarding the charge of alleged
7discrimination within 60 days of receipt of the notice of the
8charge. The position statements and other materials filed shall
9remain confidential unless otherwise agreed to by the party
10providing the information and shall not be served on or made
11available to the other party during pendency of a charge with
12the Department. The Department may shall require the respondent
13to file a verified response to the allegations contained in the
14charge. Upon the Department's request, the respondent shall
15file a response to the charge within 60 days and within 60 days
16of receipt of the notice of the charge. The respondent shall
17serve a copy of its response on the complainant or his or her
18representative. All allegations contained in the charge not
19timely denied by the respondent may shall be deemed admitted,
20unless the respondent states that it is without sufficient
21information to form a belief with respect to such allegation.
22The Department may issue a notice of default directed to any
23respondent who fails to file a verified response to a charge
24within 60 days of receipt of the notice of the charge, unless
25the respondent can demonstrate good cause as to why such notice
26should not issue. The term "good cause" shall be defined by

 

 

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1rule promulgated by the Department. Within 30 days of receipt
2of the respondent's response, the complainant may file a reply
3to said response and shall serve a copy of said reply on the
4respondent or his or her representative. A party shall have the
5right to supplement his or her response or reply at any time
6that the investigation of the charge is pending. The Department
7shall, within 10 days of the date on which the charge was
8filed, and again no later than 335 days thereafter, send by
9certified or registered mail written notice to the complainant
10and to the respondent informing the complainant of the
11complainant's right to either file a complaint with the Human
12Rights Commission or commence a civil action in the appropriate
13circuit court under subparagraph (2) of paragraph (G),
14including in such notice the dates within which the complainant
15may exercise this right. In the notice the Department shall
16notify the complainant that the charge of civil rights
17violation will be dismissed with prejudice and with no right to
18further proceed if a written complaint is not timely filed with
19the Commission or with the appropriate circuit court by the
20complainant pursuant to subparagraph (2) of paragraph (G) or by
21the Department pursuant to subparagraph (1) of paragraph (G).
22    (B-1) Mediation. The complainant and respondent may agree
23to voluntarily submit the charge to mediation without waiving
24any rights that are otherwise available to either party
25pursuant to this Act and without incurring any obligation to
26accept the result of the mediation process. Nothing occurring

 

 

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1in mediation shall be disclosed by the Department or admissible
2in evidence in any subsequent proceeding unless the complainant
3and the respondent agree in writing that such disclosure be
4made.
5    (C) Investigation.
6        (1) The After the respondent has been notified, the
7    Department shall conduct an a full investigation
8    sufficient to determine whether of the allegations set
9    forth in the charge are supported by substantial evidence.
10        (2) The Director or his or her designated
11    representatives shall have authority to request any member
12    of the Commission to issue subpoenas to compel the
13    attendance of a witness or the production for examination
14    of any books, records or documents whatsoever.
15        (3) If any witness whose testimony is required for any
16    investigation resides outside the State, or through
17    illness or any other good cause as determined by the
18    Director is unable to be interviewed by the investigator or
19    appear at a fact finding conference, his or her testimony
20    or deposition may be taken, within or without the State, in
21    the same manner as is provided for in the taking of
22    depositions in civil cases in circuit courts.
23        (4) Upon reasonable notice to the complainant and the
24    respondent, the Department shall conduct a fact finding
25    conference, unless prior to 365 days after the date on
26    which the charge was filed the Director has determined

 

 

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1    whether there is substantial evidence that the alleged
2    civil rights violation has been committed, the charge has
3    been dismissed for lack of jurisdiction, or the parties
4    voluntarily and in writing agree to waive the fact finding
5    conference. Any party's failure to attend the conference
6    without good cause shall result in dismissal or default.
7    The term "good cause" shall be defined by rule promulgated
8    by the Department. A notice of dismissal or default shall
9    be issued by the Director. The notice of default issued by
10    the Director shall notify the respondent that a request for
11    review may be filed in writing with the Commission within
12    30 days of receipt of notice of default. The notice of
13    dismissal issued by the Director shall give the complainant
14    notice of his or her right to seek review of the dismissal
15    before the Human Rights Commission or commence a civil
16    action in the appropriate circuit court. If the complainant
17    chooses to have the Human Rights Commission review the
18    dismissal order, he or she shall file a request for review
19    with the Commission within 90 days after receipt of the
20    Director's notice. If the complainant chooses to file a
21    request for review with the Commission, he or she may not
22    later commence a civil action in a circuit court. If the
23    complainant chooses to commence a civil action in a circuit
24    court, he or she must do so within 90 days after receipt of
25    the Director's notice.
26    (D) Report.

 

 

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1        (1) Each charge shall be the subject of a report to the
2    Director. The report shall be a confidential document
3    subject to review by the Director, authorized Department
4    employees, the parties, and, where indicated by this Act,
5    members of the Commission or their designated hearing
6    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 seek review of
23    the dismissal order before the Commission or commence a
24    civil action in the appropriate circuit court. If the
25    complainant chooses to have the Human Rights Commission
26    review the dismissal order, he or she shall file a request

 

 

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1    for review with the Commission within 90 days after receipt
2    of the Director's notice. If the complainant chooses to
3    file a request for review with the Commission, he or she
4    may not later commence a civil action in a circuit court.
5    If the complainant chooses to commence a civil action in a
6    circuit court, he or she must do so within 90 days after
7    receipt of the Director's notice.
8        (4) If the Director determines that there is
9    substantial evidence, he or she shall notify the
10    complainant and respondent of that determination. The
11    Director shall also notify the parties that the complainant
12    has the right to either commence a civil action in the
13    appropriate circuit court or request that the Department of
14    Human Rights file a complaint with the Human Rights
15    Commission on his or her behalf. Any such complaint shall
16    be filed within 90 days after receipt of the Director's
17    notice. If the complainant chooses to have the Department
18    file a complaint with the Human Rights Commission on his or
19    her behalf, the complainant must, within 30 days after
20    receipt of the Director's notice, request in writing that
21    the Department file the complaint. If the complainant
22    timely requests that the Department file the complaint, the
23    Department shall file the complaint on his or her behalf.
24    If the complainant fails to timely request that the
25    Department file the complaint, the complainant may file his
26    or her complaint with the Commission or commence a civil

 

 

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1    action in the appropriate circuit court. If the complainant
2    files a complaint with the Human Rights Commission, the
3    complainant shall give notice to the Department of the
4    filing of the complaint with the Human Rights Commission.
5    (E) Conciliation.
6         (1) When there is a finding of substantial evidence,
7    the Department may designate a Department employee who is
8    an attorney licensed to practice in Illinois to endeavor to
9    eliminate the effect of the alleged civil rights violation
10    and to prevent its repetition by means of conference and
11    conciliation.
12        (2) When the Department determines that a formal
13    conciliation conference is necessary, the complainant and
14    respondent shall be notified of the time and place of the
15    conference by registered or certified mail at least 10 days
16    prior thereto and either or both parties shall appear at
17    the conference in person or by attorney.
18        (3) The place fixed for the conference shall be within
19    35 miles of the place where the civil rights violation is
20    alleged to have been committed.
21        (4) Nothing occurring at the conference shall be
22    disclosed by the Department unless the complainant and
23    respondent agree in writing that such disclosure be made.
24        (5) The Department's efforts to conciliate the matter
25    shall not stay or extend the time for filing the complaint
26    with the Commission or the circuit court.

 

 

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

 

 

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1    own complaint with the Human Rights Commission or commence
2    a civil action in the appropriate circuit court. If the
3    complainant files a complaint with the Commission, the form
4    of the complaint shall be in accordance with the provisions
5    of paragraph (F)(1). If the complainant commences a civil
6    action in a circuit court, the form of the complaint shall
7    be in accordance with the Illinois Code of Civil Procedure.
8    The aggrieved party shall notify the Department that a
9    complaint has been filed and shall serve a copy of the
10    complaint on the Department on the same date that the
11    complaint is filed with the Commission or in circuit court.
12    If the complainant files a complaint with the Commission,
13    he or she may not later commence a civil action in circuit
14    court.
15        (3) If an aggrieved party files a complaint with the
16    Human Rights Commission or commences a civil action in
17    circuit court pursuant to paragraph (2) of this subsection,
18    or if the time period for filing a complaint has expired,
19    the Department shall immediately cease its investigation
20    and dismiss the charge of civil rights violation. Any final
21    order entered by the Commission under this Section is
22    appealable in accordance with paragraph (B)(1) of Section
23    8-111. Failure to immediately cease an investigation and
24    dismiss the charge of civil rights violation as provided in
25    this paragraph (3) constitutes grounds for entry of an
26    order by the circuit court permanently enjoining the

 

 

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1    investigation. The Department may also be liable for any
2    costs and other damages incurred by the respondent as a
3    result of the action of the Department.
4        (4) The Department shall stay any administrative
5    proceedings under this Section after the filing of a civil
6    action by or on behalf of the aggrieved party under any
7    federal or State law seeking relief with respect to the
8    alleged civil rights violation.
9    (H) This amendatory Act of 1995 applies to causes of action
10filed on or after January 1, 1996.
11    (I) This amendatory Act of 1996 applies to causes of action
12filed on or after January 1, 1996.
13    (J) The changes made to this Section by Public Act 95-243
14apply to charges filed on or after the effective date of those
15changes.
16    (K) The changes made to this Section by this amendatory Act
17of the 96th General Assembly apply to charges filed on or after
18the effective date of those changes.
19(Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12; 97-596,
20eff. 8-26-11; 97-813, eff. 7-13-12.)
 
21    (775 ILCS 5/7B-102)  (from Ch. 68, par. 7B-102)
22    Sec. 7B-102. Procedures.
23    (A) Charge.
24        (1) Within one year after the date that a civil rights
25    violation allegedly has been committed or terminated, a

 

 

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1    charge in writing under oath or affirmation may be filed
2    with the Department by an aggrieved party or issued by the
3    Department itself under the signature of the Director.
4        (2) The charge shall be in such detail as to
5    substantially apprise any party properly concerned as to
6    the time, place, and facts surrounding the alleged civil
7    rights violation.
8    (B) Notice and Response to Charge.
9        (1) The Department shall serve notice upon the
10    aggrieved party acknowledging such charge and advising the
11    aggrieved party of the time limits and choice of forums
12    provided under this Act. The Department shall, within 10
13    days of the date on which the charge was filed or the
14    identification of an additional respondent under paragraph
15    (2) of this subsection, serve on the respondent a copy of
16    the charge along with a notice identifying the alleged
17    civil rights violation and advising the respondent of the
18    procedural rights and obligations of respondents under
19    this Act and may shall require the respondent to file a
20    verified response to the allegations contained in the
21    charge. Upon the Department's request, the respondent
22    shall file a response to the charge within 30 days and .
23    The respondent shall serve a copy of its response on the
24    complainant or his or her representative. All allegations
25    contained in the charge not timely denied by the respondent
26    may shall be deemed admitted, unless the respondent states

 

 

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1    that it is without sufficient information to form a belief
2    with respect to such allegation. The Department may issue a
3    notice of default directed to any respondent who fails to
4    file a verified response to a charge within 30 days of the
5    Department's request date on which the charge was filed,
6    unless the respondent can demonstrate good cause as to why
7    such notice should not issue. The term "good cause" shall
8    be defined by rule promulgated by the Department. Within 10
9    days of the date he or she receives the respondent's
10    response, the complainant may file his or her reply to said
11    response. If he or she chooses to file a reply, the
12    complainant shall serve a copy of said reply on the
13    respondent or his or her representative. A party may shall
14    have the right to supplement his or her response or reply
15    at any time that the investigation of the charge is
16    pending.
17        (2) A person who is not named as a respondent in a
18    charge, but who is identified as a respondent in the course
19    of investigation, may be joined as an additional or
20    substitute respondent upon written notice, under
21    subsection (B), to such person, from the Department. Such
22    notice, in addition to meeting the requirements of
23    subsections (A) and (B), shall explain the basis for the
24    Department's belief that a person to whom the notice is
25    addressed is properly joined as a respondent.
26    (C) Investigation.

 

 

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1        (1) The Department shall conduct a full investigation
2    of the allegations set forth in the charge and complete
3    such investigation within 100 days after the filing of the
4    charge, unless it is impracticable to do so. The
5    Department's failure to complete the investigation within
6    100 days after the proper filing of the charge does not
7    deprive the Department of jurisdiction over the charge.
8        (2) If the Department is unable to complete the
9    investigation within 100 days after the charge is filed,
10    the Department shall notify the complainant and respondent
11    in writing of the reasons for not doing so.
12        (3) The Director or his or her designated
13    representative shall have authority to request any member
14    of the Commission to issue subpoenas to compel the
15    attendance of a witness or the production for examination
16    of any books, records or documents whatsoever.
17        (4) If any witness whose testimony is required for any
18    investigation resides outside the State, or through
19    illness or any other good cause as determined by the
20    Director is unable to be interviewed by the investigator or
21    appear at a fact finding conference, his or her testimony
22    or deposition may be taken, within or without the State, in
23    the same manner as provided for in the taking of
24    depositions in civil cases in circuit courts.
25        (5) Upon reasonable notice to the complainant and the
26    respondent, the Department shall conduct a fact finding

 

 

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1    conference, unless prior to 100 days from the date on which
2    the charge was filed, the Director has determined whether
3    there is substantial evidence that the alleged civil rights
4    violation has been committed or the parties voluntarily and
5    in writing agree to waive the fact finding conference. A
6    party's failure to attend the conference without good cause
7    may result in dismissal or default. A notice of dismissal
8    or default shall be issued by the Director and shall notify
9    the relevant party that a request for review may be filed
10    in writing with the Commission within 30 days of receipt of
11    notice of dismissal or default.
12    (D) Report.
13        (1) Each investigated charge shall be the subject of a
14    report to the Director. The report shall be a confidential
15    document subject to review by the Director, authorized
16    Department employees, the parties, and, where indicated by
17    this Act, members of the Commission or their designated
18    hearing officers.
19            The report shall contain:
20            (a) the names and dates of contacts with witnesses;
21            (b) a summary and the date of correspondence and
22        other contacts with the aggrieved party and the
23        respondent;
24            (c) a summary description of other pertinent
25        records;
26            (d) a summary of witness statements; and

 

 

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1            (e) answers to questionnaires.
2        A final report under this paragraph may be amended if
3    additional evidence is later discovered.
4        (2) Upon review of the report and within 100 days of
5    the filing of the charge, unless it is impracticable to do
6    so, the Director shall determine whether there is
7    substantial evidence that the alleged civil rights
8    violation has been committed or is about to be committed.
9    If the Director is unable to make the determination within
10    100 days after the filing of the charge, the Director shall
11    notify the complainant and respondent in writing of the
12    reasons for not doing so. The Director's failure to make
13    the determination within 100 days after the proper filing
14    of the charge does not deprive the Department of
15    jurisdiction over the charge.
16            (a) If the Director determines that there is no
17        substantial evidence, the charge shall be dismissed
18        and the aggrieved party notified that he or she may
19        seek review of the dismissal order before the
20        Commission. The aggrieved party shall have 90 days from
21        receipt of notice to file a request for review by the
22        Commission. The Director shall make public disclosure
23        of each such dismissal.
24            (b) If the Director determines that there is
25        substantial evidence, he or she shall immediately
26        issue a complaint on behalf of the aggrieved party

 

 

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1        pursuant to subsection (F).
2    (E) Conciliation.
3        (1) During the period beginning with the filing of
4    charge and ending with the filing of a complaint or a
5    dismissal by the Department, the Department shall, to the
6    extent feasible, engage in conciliation with respect to
7    such charge.
8        When the Department determines that a formal
9    conciliation conference is feasible, the aggrieved party
10    and respondent shall be notified of the time and place of
11    the conference by registered or certified mail at least 7
12    days prior thereto and either or both parties shall appear
13    at the conference in person or by attorney.
14        (2) The place fixed for the conference shall be within
15    35 miles of the place where the civil rights violation is
16    alleged to have been committed.
17        (3) Nothing occurring at the conference shall be made
18    public or used as evidence in a subsequent proceeding for
19    the purpose of proving a violation under this Act unless
20    the complainant and respondent agree in writing that such
21    disclosure be made.
22        (4) A conciliation agreement arising out of such
23    conciliation shall be an agreement between the respondent
24    and the complainant, and shall be subject to approval by
25    the Department and Commission.
26        (5) A conciliation agreement may provide for binding

 

 

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1    arbitration of the dispute arising from the charge. Any
2    such arbitration that results from a conciliation
3    agreement may award appropriate relief, including monetary
4    relief.
5        (6) Each conciliation agreement shall be made public
6    unless the complainant and respondent otherwise agree and
7    the Department determines that disclosure is not required
8    to further the purpose of this Act.
9    (F) Complaint.
10        (1) When there is a failure to settle or adjust any
11    charge through a conciliation conference and the charge is
12    not dismissed, the Department shall prepare a written
13    complaint, under oath or affirmation, stating the nature of
14    the civil rights violation and the relief sought on behalf
15    of the aggrieved party. Such complaint shall be based on
16    the final investigation report and need not be limited to
17    the facts or grounds alleged in the charge filed under
18    subsection (A).
19        (2) The complaint shall be filed with the Commission.
20        (3) The Department may not issue a complaint under this
21    Section regarding an alleged civil rights violation after
22    the beginning of the trial of a civil action commenced by
23    the aggrieved party under any State or federal law, seeking
24    relief with respect to that alleged civil rights violation.
25    (G) Time Limit.
26        (1) When a charge of a civil rights violation has been

 

 

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1    properly filed, the Department, within 100 days thereof,
2    unless it is impracticable to do so, shall either issue and
3    file a complaint in the manner and form set forth in this
4    Section or shall order that no complaint be issued. Any
5    such order shall be duly served upon both the aggrieved
6    party and the respondent. The Department's failure to
7    either issue and file a complaint or order that no
8    complaint be issued within 100 days after the proper filing
9    of the charge does not deprive the Department of
10    jurisdiction over the charge.
11        (2) The Director shall make available to the aggrieved
12    party and the respondent, at any time, upon request
13    following completion of the Department's investigation,
14    information derived from an investigation and any final
15    investigative report relating to that investigation.
16    (H) This amendatory Act of 1995 applies to causes of action
17filed on or after January 1, 1996.
18    (I) The changes made to this Section by Public Act 95-243
19apply to charges filed on or after the effective date of those
20changes.
21    (J) The changes made to this Section by this amendatory Act
22of the 96th General Assembly apply to charges filed on or after
23the effective date of those changes.
24(Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.