Full Text of SB3891 101st General Assembly
SB3891 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3891 Introduced 2/14/2020, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/7A-102 | from Ch. 68, par. 7A-102 | 775 ILCS 5/8A-102 | from Ch. 68, par. 8A-102 | 775 ILCS 5/10-102 | from Ch. 68, par. 10-102 |
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Amends the Illinois Human Rights Act. Provides that, in cases alleging a civil rights violation under the Article regarding employment, an employee who files a charge or complaint with the Department of Human Rights or the Human Rights Commission or commences a civil action in court for unlawful discrimination has the right to remain anonymous, by use of a fictitious name, in the charge or complaint issued to or served upon the respondent.
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| | A BILL FOR |
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| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 7A-102, 8A-102, and 10-102 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 | | (4) An employee who files a charge with the Department | 22 | | for unlawful discrimination under Article 2 against a | 23 | | current or former employer has the right to remain |
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| 1 | | anonymous, by use of a fictitious name, in the charge | 2 | | issued to the respondent. | 3 | | (A-1) Equal Employment Opportunity Commission Charges. | 4 | | (1) If a charge is filed with the Equal Employment | 5 | | Opportunity Commission (EEOC) within 300 calendar days | 6 | | after the date of the alleged civil rights violation, the | 7 | | charge shall be deemed filed with the Department on the | 8 | | date filed with the EEOC. If the EEOC is the governmental | 9 | | agency designated to investigate the charge first, the | 10 | | Department shall take no action until the EEOC makes a | 11 | | determination on the charge and after the complainant | 12 | | notifies the Department of the EEOC's determination. In | 13 | | such cases, after receiving notice from the EEOC that a | 14 | | charge was filed, the Department shall notify the parties | 15 | | that (i) a charge has been received by the EEOC and has | 16 | | been sent to the Department for dual filing purposes; (ii) | 17 | | the EEOC is the governmental agency responsible for | 18 | | investigating the charge and that the investigation shall | 19 | | be conducted pursuant to the rules and procedures adopted | 20 | | by the EEOC; (iii) it will take no action on the charge | 21 | | until the EEOC issues its determination; (iv) the | 22 | | complainant must submit a copy of the EEOC's determination | 23 | | within 30 days after service of the determination by the | 24 | | EEOC on the complainant; and (v) that the time period to | 25 | | investigate the charge contained in subsection (G) of this | 26 | | Section is tolled from the date on which the charge is |
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| 1 | | filed with the EEOC until the EEOC issues its | 2 | | determination. | 3 | | (2) If the EEOC finds reasonable cause to believe that | 4 | | there has been a violation of federal law and if the | 5 | | Department is timely notified of the EEOC's findings by the | 6 | | complainant, the Department shall notify the complainant | 7 | | that the Department has adopted the EEOC's determination of | 8 | | reasonable cause and that the complainant has the right, | 9 | | within 90 days after receipt of the Department's notice, to | 10 | | either file his or her own complaint with the Illinois | 11 | | Human Rights Commission or commence a civil action in the | 12 | | appropriate circuit court or other appropriate court of | 13 | | competent jurisdiction. This notice shall be provided to | 14 | | the complainant within 10 business days after the | 15 | | Department's receipt of the EEOC's determination. The | 16 | | Department's notice to the complainant that the Department | 17 | | has adopted the EEOC's determination of reasonable cause | 18 | | shall constitute the Department's Report for purposes of | 19 | | subparagraph (D) of this Section. | 20 | | (3) For those charges alleging violations within the | 21 | | jurisdiction of both the EEOC and the Department and for | 22 | | which the EEOC either (i) does not issue a determination, | 23 | | but does issue the complainant a notice of a right to sue, | 24 | | including when the right to sue is issued at the request of | 25 | | the complainant, or (ii) determines that it is unable to | 26 | | establish that illegal discrimination has occurred and |
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| 1 | | issues the complainant a right to sue notice, and if the | 2 | | Department is timely notified of the EEOC's determination | 3 | | by the complainant, the Department shall notify the | 4 | | parties, within 10 business days after receipt of the | 5 | | EEOC's determination, that the Department will adopt the | 6 | | EEOC's determination as a dismissal for lack of substantial | 7 | | evidence unless the complainant requests in writing within | 8 | | 35 days after receipt of the Department's notice that the | 9 | | Department review the EEOC's determination. | 10 | | (a) If the complainant does not file a written | 11 | | request with the Department to review the EEOC's | 12 | | determination within 35 days after receipt of the | 13 | | Department's notice, the Department shall notify the | 14 | | complainant, within 10 business days after the | 15 | | expiration of the 35-day period, that the decision of | 16 | | the EEOC has been adopted by the Department as a | 17 | | dismissal for lack of substantial evidence and that the | 18 | | complainant has the right, within 90 days after receipt | 19 | | of the Department's notice, to commence a civil action | 20 | | in the appropriate circuit court or other appropriate | 21 | | court of competent jurisdiction. The Department's | 22 | | notice to the complainant that the Department has | 23 | | adopted the EEOC's determination shall constitute the | 24 | | Department's report for purposes of subparagraph (D) | 25 | | of this Section. | 26 | | (b) If the complainant does file a written request |
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| 1 | | with the Department to review the EEOC's | 2 | | determination, the Department shall review the EEOC's | 3 | | determination and any evidence obtained by the EEOC | 4 | | during its investigation. If, after reviewing the | 5 | | EEOC's determination and any evidence obtained by the | 6 | | EEOC, the Department determines there is no need for | 7 | | further investigation of the charge, the Department | 8 | | shall issue a report and the Director shall determine | 9 | | whether there is substantial evidence that the alleged | 10 | | civil rights violation has been committed pursuant to | 11 | | subsection (D) of this Section 7A-102 . If, after | 12 | | reviewing the EEOC's determination and any evidence | 13 | | obtained by the EEOC, the Department determines there | 14 | | is a need for further investigation of the charge, the | 15 | | Department may conduct any further investigation it | 16 | | deems necessary. After reviewing the EEOC's | 17 | | determination, the evidence obtained by the EEOC, and | 18 | | any additional investigation conducted by the | 19 | | Department, the Department shall issue a report and the | 20 | | Director shall determine whether there is substantial | 21 | | evidence that the alleged civil rights violation has | 22 | | been committed pursuant to subsection (D) of this | 23 | | Section 7A-102 of this Act . | 24 | | (4) Pursuant to this Section, if the EEOC dismisses the | 25 | | charge or a portion of the charge of discrimination | 26 | | because, under federal law, the EEOC lacks jurisdiction |
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| 1 | | over the charge, and if, under this Act, the Department has | 2 | | jurisdiction over the charge of discrimination, the | 3 | | Department shall investigate the charge or portion of the | 4 | | charge dismissed by the EEOC for lack of jurisdiction | 5 | | pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), | 6 | | (E), (F), (G), (H), (I), (J), and (K) of this Section | 7 | | 7A-102 of this Act . | 8 | | (5) The time limit set out in subsection (G) of this | 9 | | Section is tolled from the date on which the charge is | 10 | | filed with the EEOC to the date on which the EEOC issues | 11 | | its determination.
| 12 | | (6) The failure of the Department to meet the | 13 | | 10-business-day notification deadlines set out in | 14 | | paragraph (2) of this subsection shall not impair the | 15 | | rights of any party.
| 16 | | (B) Notice and Response to Charge.
The Department shall, | 17 | | within 10
days of the date on which the charge
was filed, serve | 18 | | a copy of the charge on the respondent and provide all parties | 19 | | with a notice of the complainant's right to opt out of the | 20 | | investigation within 60 days as set forth in subsection (C-1). | 21 | | This period shall
not be construed to be jurisdictional. The | 22 | | charging party and the respondent
may each file a position | 23 | | statement and other materials with the Department
regarding the | 24 | | charge of alleged discrimination within 60 days of receipt of | 25 | | the
notice of the charge. The position statements and other | 26 | | materials filed shall
remain confidential unless otherwise |
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| 1 | | agreed to by the party providing the
information and shall not | 2 | | be served on or made available to the other
party during the | 3 | | pendency
of a charge with the Department. The Department may
| 4 | | require the respondent to file a response to
the allegations | 5 | | contained in the charge. Upon the Department's request, the | 6 | | respondent shall
file a response to the charge within 60 days | 7 | | and shall serve a copy
of its response on the
complainant or | 8 | | his or her representative. Notwithstanding any request from the | 9 | | Department,
the respondent may elect to file a response to the | 10 | | charge
within 60 days of receipt of notice of the charge, | 11 | | provided the respondent serves a copy of its response on the | 12 | | complainant or his or her representative. All allegations | 13 | | contained in the charge
not denied by the respondent within 60 | 14 | | days of the Department's request for a response may be deemed | 15 | | admitted, unless the
respondent states that it is without | 16 | | sufficient information to
form a belief with respect to such | 17 | | allegation. The Department may issue
a notice of default | 18 | | directed to any respondent who fails to file a
response to a | 19 | | charge within 60 days of receipt of the Department's request,
| 20 | | unless the respondent can
demonstrate good cause as
to why such | 21 | | notice should not issue. The term "good cause" shall be defined | 22 | | by rule promulgated by the Department. Within 30 days of | 23 | | receipt
of the respondent's response, the complainant may file | 24 | | a
reply to
said response and
shall serve
a copy of said reply | 25 | | on the respondent or his or her representative. A party
shall | 26 | | have the right to supplement his or her response or reply at |
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| 1 | | any time that
the investigation of the charge is pending. The | 2 | | Department shall,
within 10 days of the date on which the | 3 | | charge was filed,
and again no later than 335 days thereafter,
| 4 | | send by certified or registered mail, or electronic mail if | 5 | | elected by the party, written notice to the complainant
and to | 6 | | the respondent
informing the complainant
of the complainant's | 7 | | rights to either file a complaint with the Human
Rights | 8 | | Commission or commence a civil action in the appropriate | 9 | | circuit court
under subparagraph (2) of paragraph (G), | 10 | | including in such notice the dates
within which the complainant | 11 | | may exercise these rights.
In the notice the Department shall | 12 | | notify the complainant that the
charge of civil rights | 13 | | violation will be dismissed with prejudice and with no
right to | 14 | | further proceed if a written complaint is not timely filed with
| 15 | | the Commission or with the appropriate circuit court by the | 16 | | complainant pursuant to subparagraph (2) of paragraph (G)
or by | 17 | | the Department pursuant to subparagraph (1) of paragraph (G).
| 18 | | (B-1) Mediation. The complainant and respondent may agree | 19 | | to voluntarily
submit the charge
to mediation without waiving | 20 | | any rights that are otherwise available to
either party | 21 | | pursuant to this Act and without incurring any obligation to
| 22 | | accept the result of the mediation process. Nothing occurring | 23 | | in mediation
shall
be disclosed by the Department or admissible | 24 | | in evidence in any subsequent
proceeding unless the complainant | 25 | | and the respondent agree in writing that such
disclosure be | 26 | | made.
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| 1 | | (C) Investigation.
| 2 | | (1) The
Department shall conduct an investigation | 3 | | sufficient to determine whether the allegations set
forth | 4 | | in the charge are supported by substantial evidence unless | 5 | | the complainant elects to opt out of an investigation | 6 | | pursuant to subsection (C-1).
| 7 | | (2) The Director or his or her designated | 8 | | representatives shall have
authority to request any member | 9 | | of the Commission to issue subpoenas to
compel the | 10 | | attendance of a witness or the production for
examination | 11 | | of any books, records or documents whatsoever.
| 12 | | (3) If any witness whose testimony is required for any | 13 | | investigation
resides outside the State, or through | 14 | | illness or any other good cause as
determined by the | 15 | | Director is unable to be interviewed by the investigator
or | 16 | | appear at a fact finding conference, his or her testimony | 17 | | or deposition
may be taken, within or without the State, in | 18 | | the same manner as is
provided for in the taking of | 19 | | depositions in civil cases in circuit courts.
| 20 | | (4) Upon reasonable notice to the complainant and the | 21 | | respondent,
the Department shall conduct a fact finding | 22 | | conference, unless prior to
365 days after the date on | 23 | | which the charge was filed the Director has determined | 24 | | whether there is substantial evidence
that the alleged | 25 | | civil rights violation has been committed, the charge has
| 26 | | been dismissed for lack of jurisdiction, or the parties |
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| 1 | | voluntarily and in writing agree to waive the fact finding | 2 | | conference. Any party's failure to attend the conference | 3 | | without good cause
shall result in dismissal or default. | 4 | | The term "good cause"
shall
be defined by rule promulgated | 5 | | by the Department. A notice of dismissal or
default shall | 6 | | be issued by the Director. The notice of default issued by | 7 | | the Director shall notify the respondent that a request for | 8 | | review may be filed in writing with the Commission
within | 9 | | 30 days of receipt of notice of default. The notice of | 10 | | dismissal issued by the Director shall give
the complainant | 11 | | notice of his or her right to seek review of the dismissal
| 12 | | before the Human Rights Commission or commence a civil | 13 | | action in the
appropriate circuit court. If the complainant | 14 | | chooses to have the Human Rights Commission review the | 15 | | dismissal order, he or she shall file a request for review | 16 | | with the Commission within 90 days after receipt of the | 17 | | Director's notice. If the complainant chooses to file a | 18 | | request for review with the Commission, he or she may not | 19 | | later commence a civil action in a circuit court. If the | 20 | | complainant chooses to commence a civil action in a circuit | 21 | | court, he or she must do so within 90 days after receipt of | 22 | | the Director's notice.
| 23 | | (C-1) Opt out of Department's investigation. At any time | 24 | | within 60 days after receipt of notice of the right to opt out, | 25 | | a complainant may submit a written request seeking notice from | 26 | | the Director indicating that the complainant has opted out of |
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| 1 | | the investigation and may commence a civil action in the | 2 | | appropriate circuit court or other appropriate court of | 3 | | competent jurisdiction. Within 10 business days of receipt of | 4 | | the complainant's request to opt out of the investigation, the | 5 | | Director shall issue a notice to the parties stating that: (i) | 6 | | the complainant has exercised the right to opt out of the | 7 | | investigation; (ii) the complainant has 90 days after receipt | 8 | | of the Director's notice to commence an action in the | 9 | | appropriate circuit court or other appropriate court of | 10 | | competent jurisdiction; and (iii) the Department has ceased its | 11 | | investigation and is administratively closing the charge. The | 12 | | complainant shall notify the Department and the respondent that | 13 | | a complaint has been filed with the appropriate circuit court | 14 | | or other appropriate court of competent jurisdiction and shall | 15 | | mail a copy of the complaint to the Department and the | 16 | | respondent on the same date that the complaint is filed with | 17 | | the appropriate court. Once a complainant has opted out of the | 18 | | investigation under this subsection, he or she may not file or | 19 | | refile a substantially similar charge with the Department | 20 | | arising from the same incident of unlawful discrimination or | 21 | | harassment. | 22 | | (D) Report.
| 23 | | (1) Each charge investigated under subsection (C) | 24 | | shall be the
subject of a
report to the Director. The | 25 | | report shall be a confidential document
subject to review | 26 | | by the Director, authorized Department employees, the
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| 1 | | parties, and, where indicated by this Act, members of the | 2 | | Commission or
their designated hearing officers.
| 3 | | (2) Upon review of the report, the Director shall | 4 | | determine whether
there is substantial evidence that the | 5 | | alleged civil rights violation
has been committed.
The | 6 | | determination of substantial evidence is limited to | 7 | | determining the need
for further consideration of the | 8 | | charge pursuant to this Act
and includes, but is not | 9 | | limited to, findings of fact and conclusions, as well
as | 10 | | the reasons for the determinations on all material issues. | 11 | | Substantial evidence is evidence which a reasonable mind | 12 | | accepts
as sufficient to support a particular conclusion | 13 | | and which consists of more
than a mere scintilla but may be | 14 | | somewhat less than a preponderance.
| 15 | | (3) If the Director determines
that there is no | 16 | | substantial
evidence, the charge shall be dismissed by | 17 | | order of the
Director and the Director shall give the
| 18 | | complainant notice of his or her right to seek review of | 19 | | the dismissal order before the
Commission or commence a | 20 | | civil action in the appropriate circuit court. If the | 21 | | complainant chooses to have the Human Rights Commission | 22 | | review the dismissal order, he or she shall file a request | 23 | | for review with the Commission within 90 days after receipt | 24 | | of the Director's notice. If the complainant chooses to | 25 | | file a request for review with the Commission, he or she | 26 | | may not later commence a civil action in a circuit court. |
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| 1 | | If the complainant chooses to commence a civil action in a | 2 | | circuit court, he or she must do so within 90 days after | 3 | | receipt of the Director's notice.
| 4 | | (4) If the Director determines that there is | 5 | | substantial evidence, he or she shall notify the | 6 | | complainant and respondent of that determination. The | 7 | | Director shall also notify the parties that the complainant | 8 | | has the right to either commence a civil action in the | 9 | | appropriate circuit court or request that the Department of | 10 | | Human Rights file a complaint with the Human Rights | 11 | | Commission on his or her behalf. Any such complaint shall | 12 | | be filed within 90 days after receipt of the Director's | 13 | | notice. If the complainant chooses to have the Department | 14 | | file a complaint with the Human Rights Commission on his or | 15 | | her behalf, the complainant must, within 30 days after | 16 | | receipt of the Director's notice, request in writing that | 17 | | the Department file the complaint. If the complainant | 18 | | timely requests that the Department file the complaint, the | 19 | | Department shall file the complaint on his or her behalf. | 20 | | If the complainant fails to timely request that the | 21 | | Department file the complaint, the complainant may file his | 22 | | or her complaint with the Commission or commence a civil | 23 | | action in the appropriate circuit court.
If the complainant | 24 | | files a complaint with
the Human Rights Commission, the | 25 | | complainant shall give notice to the
Department of the | 26 | | filing of the complaint with the Human Rights Commission. |
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| 1 | | (E) Conciliation.
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(1) When there is a finding of substantial evidence, | 3 | | the Department may designate a Department employee who is | 4 | | an attorney
licensed to practice in Illinois to endeavor to | 5 | | eliminate the effect of
the alleged civil rights violation | 6 | | and to prevent its repetition by
means of conference and | 7 | | conciliation.
| 8 | | (2) When the Department determines that a formal
| 9 | | conciliation conference is necessary, the complainant and | 10 | | respondent
shall be notified of the time and place of the | 11 | | conference by registered
or certified mail at least 10 days | 12 | | prior thereto and either or both
parties shall appear at | 13 | | the conference in person or by attorney.
| 14 | | (3) 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 | | (4) Nothing occurring at the conference shall be | 18 | | disclosed by the
Department unless
the complainant and | 19 | | respondent agree in writing that
such disclosure be made.
| 20 | | (5) The Department's efforts to conciliate the matter | 21 | | shall not stay or extend the time for filing the complaint | 22 | | with the Commission or the circuit court.
| 23 | | (F) Complaint.
| 24 | | (1) When the complainant requests that the Department | 25 | | file a complaint with the Commission on his or her behalf, | 26 | | the Department shall prepare a
written complaint, under |
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| 1 | | oath or affirmation, stating the nature of the
civil rights | 2 | | violation substantially as alleged in the charge | 3 | | previously
filed and the relief sought on behalf of the | 4 | | aggrieved party. The Department shall file the complaint | 5 | | with the Commission.
| 6 | | (2) If the complainant chooses to commence a civil | 7 | | action in a circuit court, he or she must do so in the | 8 | | circuit court in the county wherein the civil rights | 9 | | violation was allegedly committed. The form of the | 10 | | complaint in any such civil action shall be in accordance | 11 | | with the Illinois Code of Civil Procedure.
| 12 | | (G) Time Limit.
| 13 | | (1) When a charge of a civil rights violation has been
| 14 | | properly filed, the Department, within 365
days thereof or | 15 | | within any
extension of that period agreed to in writing by | 16 | | all parties, shall issue its report as required by | 17 | | subparagraph (D). Any such report
shall be duly served upon | 18 | | both the complainant and the respondent.
| 19 | | (2) If the Department has not issued its report within | 20 | | 365 days after the charge is filed, or any such longer | 21 | | period agreed to in writing by all the parties, the | 22 | | complainant shall have 90 days to either file his or her | 23 | | own complaint with the Human Rights Commission or commence | 24 | | a civil action in the appropriate circuit court. If the | 25 | | complainant files a complaint with the Commission, the form | 26 | | of the complaint shall be in accordance with the provisions |
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| 1 | | of
paragraph (F)(1). If the complainant commences a civil | 2 | | action in a circuit court, the form of the complaint shall | 3 | | be in accordance with the Illinois Code of Civil Procedure. | 4 | | The aggrieved party shall notify the Department that a
| 5 | | complaint
has been filed and shall serve a copy of the | 6 | | complaint on the Department
on the same date that the | 7 | | complaint is filed with the Commission or in circuit court. | 8 | | If the complainant files a complaint with the Commission, | 9 | | he or she may not later commence a civil action in circuit | 10 | | court.
| 11 | | (3) If an aggrieved party files a complaint
with the
| 12 | | Human Rights Commission or commences a civil action in | 13 | | circuit court pursuant to paragraph (2) of this subsection, | 14 | | or if
the time period for filing a complaint has expired, | 15 | | the
Department shall immediately cease its investigation | 16 | | and
dismiss the charge of civil rights violation.
Any final | 17 | | order entered by the Commission under this Section is
| 18 | | appealable in accordance with paragraph (B)(1) of Section | 19 | | 8-111.
Failure to immediately cease an investigation and | 20 | | dismiss the charge of civil
rights violation as provided in | 21 | | this paragraph
(3) constitutes grounds for entry of an | 22 | | order by the circuit court permanently
enjoining the
| 23 | | investigation. The Department may also be liable for any
| 24 | | costs and other damages incurred by the respondent as a | 25 | | result of the action of
the Department.
| 26 | | (4) (Blank).
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| 1 | | (H) Public Act 89-370 This amendatory Act of 1995 applies | 2 | | to causes of action filed on or
after January 1, 1996.
| 3 | | (I) Public Act 89-520 This amendatory Act of 1996 applies | 4 | | to causes of action filed on or
after January 1, 1996.
| 5 | | (J) The changes made to this Section by Public Act 95-243 | 6 | | apply to charges filed on or
after the effective date of those | 7 | | changes.
| 8 | | (K) The changes made to this Section by Public Act 96-876 | 9 | | this amendatory Act of the 96th General Assembly apply to | 10 | | charges filed on or
after the effective date of those changes. | 11 | | (L) The changes made to this Section by Public Act 100-1066 | 12 | | this amendatory Act of the 100th General Assembly apply to | 13 | | charges filed on or
after August 24, 2018 ( the effective date | 14 | | of Public Act 100-1066) this amendatory Act of the 100th | 15 | | General Assembly . | 16 | | (Source: P.A. 100-492, eff. 9-8-17; 100-588, eff. 6-8-18; | 17 | | 100-1066, eff. 8-24-18; 101-221, eff. 1-1-20; revised | 18 | | 9-12-19.)
| 19 | | (775 ILCS 5/8A-102) (from Ch. 68, par. 8A-102)
| 20 | | Sec. 8A-102. Hearing on Complaint.
| 21 | | (A) Services. Within 5 five days after
a complaint is filed | 22 | | by the Department, or the aggrieved party, as the case
may be, | 23 | | the Commission shall cause it to
be served on the respondent | 24 | | together with a notice of hearing before a hearing
officer of | 25 | | the Commission at a place therein fixed.
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| 1 | | (A-5) Anonymity. An employee who filed a complaint for | 2 | | unlawful discrimination under Article 2 against a current or | 3 | | former employer has the right to remain anonymous, by use of a | 4 | | fictitious name, in the complaint issued to the respondent. | 5 | | (B) Time and Location of Hearing. An initial hearing date
| 6 | | shall be scheduled for not less
than 30 thirty nor more than 90 | 7 | | ninety days after service of the complaint at
a place that is | 8 | | within 100 one hundred miles of the place at which the civil
| 9 | | rights violation is alleged to have occurred. The hearing | 10 | | officer may,
for good cause shown, extend the date of the | 11 | | hearing.
| 12 | | (C) Amendment.
| 13 | | (1) A complaint may be amended under oath by leave of
| 14 | | the presiding hearing officer, for good
cause shown,
upon | 15 | | timely written motion and reasonable notice to all | 16 | | interested parties
at any time prior to the
issuance of a | 17 | | recommended order pursuant to Section 8A-102(I) or
| 18 | | 8B-102(J). The amended complaint shall be
served upon all | 19 | | parties of record and the Department of Human Rights by the
| 20 | | complainant, or by the Department if it prepared and filed | 21 | | the amended
complaint,
within 7 days of the date of the | 22 | | order permitting its filing or such additional
time as the | 23 | | hearing officer may order. Amendments to the complaint may
| 24 | | encompass
any
unlawful discrimination which is like or | 25 | | reasonably related to the charge
and growing out of the | 26 | | allegations in such charge, including, but not
limited to, |
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| 1 | | allegations of retaliation.
| 2 | | (2) A motion that the complaint be amended to conform | 3 | | to the evidence,
made prior to the close of the public | 4 | | hearing, may be addressed orally on
the record to the | 5 | | hearing officer, and shall be granted for good and | 6 | | sufficient
cause.
| 7 | | (D) Answer.
| 8 | | (1) The respondent shall file an answer under oath or | 9 | | affirmation
to the original or amended complaint within 30 | 10 | | days of the date of service
thereof, but the hearing | 11 | | officer may, for good cause shown, grant further
time for | 12 | | the filing of an answer.
| 13 | | (2) When the respondent files a motion to dismiss the | 14 | | complaint within
30 days and the motion is denied by the | 15 | | hearing officer, the time for filing
the answer shall be | 16 | | within 15 days of the date of denial of the motion.
| 17 | | (3) Any allegation in the complaint which is not denied | 18 | | or admitted in
the answer is deemed admitted unless the | 19 | | respondent states in the answer
that he is without | 20 | | sufficient knowledge or information to form a belief
with | 21 | | respect to such allegation.
| 22 | | (4) The failure to file an answer is deemed to | 23 | | constitute an admission
of the allegations contained in the | 24 | | complaint.
| 25 | | (5) The respondent has the right to amend his answer, | 26 | | upon leave of the
hearing officer, for good cause shown.
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| 1 | | (E) Proceedings In Forma Pauperis.
| 2 | | (1) If the hearing officer is
satisfied that the | 3 | | complainant or respondent is a poor person, and unable
to | 4 | | prosecute or defend the complaint and pay the costs and | 5 | | expenses
thereof, the hearing officer may permit the party | 6 | | to commence and prosecute
or defend the action as a poor | 7 | | person. Such party shall have all the
necessary subpoenas, | 8 | | appearances, and proceedings without prepayment of
witness | 9 | | fees or charges. Witnesses shall attend as in other cases | 10 | | under
this Act and the same remedies shall be available for | 11 | | failure or refusal
to obey the subpoena as are provided for | 12 | | in Section 8-104 of this Act.
| 13 | | (2) A person desiring to proceed without payment of | 14 | | fees or charges
shall file with the hearing officer an | 15 | | affidavit stating that he is a poor
person and unable to | 16 | | pay costs, and that the action is meritorious.
| 17 | | (F) Discovery. The procedure for obtaining discovery of | 18 | | information from
parties and witnesses shall be specified by | 19 | | the Commission in rules. If no
rule has been promulgated by the | 20 | | Commission on a particular type of discovery,
the Code of Civil | 21 | | Procedure may be considered persuasive authority. The
types of | 22 | | discovery shall
be the same as in civil cases in the
circuit | 23 | | courts
of this State, provided, however, that a party may take | 24 | | discovery depositions
only upon leave of the hearing officer | 25 | | and for good cause shown.
| 26 | | (G) Hearing.
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| 1 | | (1) Both the complainant and the respondent may appear | 2 | | at
the hearing and examine and cross-examine witnesses.
| 3 | | (2) The testimony taken at the hearing shall be under | 4 | | oath or affirmation
and a transcript shall be made and | 5 | | filed in the office of the Commission.
| 6 | | (3) The testimony taken at the hearing is subject to | 7 | | the same rules of
evidence that apply in courts of this | 8 | | State in civil cases.
| 9 | | (H) Compelling Appearance of Parties at Hearing. The | 10 | | appearance at
the hearing of a party or a person who at the | 11 | | time of the hearing is an
officer, director, or employee of a | 12 | | party may be required by serving the
party with a notice | 13 | | designating the person who is required to appear. The
notice | 14 | | also may require the production at the hearing of documents or
| 15 | | tangible things. If the party or person is a nonresident of the | 16 | | county,
the hearing officer may order any terms and conditions | 17 | | in connection with
his appearance at the hearing that are just, | 18 | | including payment of his
reasonable expenses. Upon a failure to | 19 | | comply with the notice, the hearing
officer may enter any order | 20 | | that is just.
| 21 | | (I) Decision.
| 22 | | (1) When all the testimony has been
taken, the hearing
| 23 | | officer shall determine whether the respondent has engaged | 24 | | in or is engaging
in the civil rights violation with | 25 | | respect to the person aggrieved as charged
in the | 26 | | complaint. A determination sustaining a complaint shall be |
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| 1 | | based
upon a preponderance of the evidence.
| 2 | | (2) The hearing officer shall make findings of fact in | 3 | | writing and, if
the finding is against the respondent, | 4 | | shall issue and cause to be served
on the parties and the | 5 | | Department a recommended order for appropriate relief
as | 6 | | provided by this Act.
| 7 | | (3) If, upon all the evidence, the hearing officer | 8 | | finds that a respondent
has not engaged in the | 9 | | discriminatory practice charged in the complaint
or that a | 10 | | preponderance of the evidence does not sustain the | 11 | | complaint,
he shall state his findings of fact and shall | 12 | | issue and cause to be served
on the parties and the | 13 | | Department a recommended order dismissing the complaint.
| 14 | | (4) The findings and recommended order of the hearing | 15 | | officer shall be
filed
with the Commission. The findings | 16 | | and recommended order may
be authored by a hearing officer | 17 | | other than the hearing officer who
presides at the public | 18 | | hearing if:
| 19 | | (a) the hearing officer who presides at the public | 20 | | hearing is unable
to
author the findings and | 21 | | recommended order by reason of death, disability, or
| 22 | | separation from employment; and
| 23 | | (b) all parties to a complaint file a joint motion
| 24 | | agreeing to have
the findings and recommended order | 25 | | written by a hearing
officer
who did not preside at the | 26 | | public hearing.
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| 1 | | (5) A recommended order dismissing a complaint may | 2 | | include an award of
reasonable attorneys fees in favor of | 3 | | the respondent against the complainant
or
the | 4 | | complainant's attorney, or both, if the hearing officer
| 5 | | concludes that the complaint was frivolous, unreasonable | 6 | | or groundless or
that the complainant continued to litigate | 7 | | after it became clearly so.
| 8 | | (6) The hearing officer may issue a recommended order | 9 | | of dismissal with
prejudice or a recommended order of | 10 | | default as a sanction for the failure of a
party to | 11 | | prosecute his or her case, file a required pleading, appear | 12 | | at a
hearing, or otherwise comply with this Act, the rules | 13 | | of the Commission, or a
previous order of the hearing | 14 | | officer.
| 15 | | (Source: P.A. 92-472, eff. 1-1-02.)
| 16 | | (775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
| 17 | | Sec. 10-102. Court Actions. (A) Circuit Court Actions. (1) | 18 | | An
aggrieved party may commence a civil action in an | 19 | | appropriate Circuit
Court not later than 2 years after the | 20 | | occurrence or the termination of an
alleged civil rights | 21 | | violation or the breach of a conciliation or
settlement | 22 | | agreement entered into under this Act, whichever occurs last,
| 23 | | to obtain appropriate relief with respect to the alleged civil | 24 | | rights violation
or breach. Venue for such civil action shall | 25 | | be determined under Section 8-111(B)(6).
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| 1 | | (1.5) An employee who commences a civil action for unlawful | 2 | | discrimination under Article 2 against a current or former | 3 | | employer has the right to remain anonymous, by use of a | 4 | | fictitious name, in the complaint served upon the respondent. | 5 | | (2) The computation of such 2-year period shall not include | 6 | | any time
during which an administrative proceeding under this | 7 | | Act was pending with
respect to a complaint or charge under | 8 | | this Act based upon the alleged
civil rights violation. This | 9 | | paragraph does not apply to
actions arising from a breach of a | 10 | | conciliation or settlement agreement.
| 11 | | (3) An aggrieved party may commence a civil action under | 12 | | this
subsection whether or not a charge has been filed under | 13 | | Section 7B-102 and
without regard to the status of any such | 14 | | charge, however, if the Department or
local agency has obtained | 15 | | a conciliation or settlement agreement with the
consent of an | 16 | | aggrieved party, no action may be filed under this subsection
| 17 | | by such aggrieved party with respect to the alleged civil | 18 | | rights violation
practice which forms the basis for such | 19 | | complaint except for the purpose of
enforcing the terms of such | 20 | | conciliation or settlement agreement.
| 21 | | (4) An aggrieved party shall not commence a civil action | 22 | | under this
subsection with respect to an alleged civil rights | 23 | | violation which
forms the basis of a complaint issued by the | 24 | | Department if a
hearing officer has commenced a hearing on the | 25 | | record under
Article 3 of this Act with respect to such | 26 | | complaint.
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| 1 | | (B) Appointment of Attorney by Court. Upon application by a | 2 | | person
alleging a civil rights violation or a person against | 3 | | whom
the civil rights violation is alleged, if in the opinion | 4 | | of the court such
person is financially unable to bear the | 5 | | costs of such action, the court may:
| 6 | | (1) appoint an attorney for such person, any attorney so | 7 | | appointed may
petition for an award of attorneys fees pursuant | 8 | | to subsection (C)(2) of this Section; or
| 9 | | (2) authorize the commencement or continuation of a civil | 10 | | action under
subsection (A) without the payment of fees, costs, | 11 | | or security.
| 12 | | (C) Relief which may be granted. (1) In a civil action | 13 | | under
subsection (A) if the court finds that a civil rights | 14 | | violation
has occurred or is about to occur, the court may | 15 | | award to the plaintiff
actual and punitive damages, and may | 16 | | grant as relief, as the court deems
appropriate, any permanent | 17 | | or preliminary injunction, temporary restraining
order, or | 18 | | other order, including an order enjoining the defendant from
| 19 | | engaging in such civil rights violation or ordering such | 20 | | affirmative action
as may be appropriate.
| 21 | | (2) In a civil action under subsection (A), the court, in | 22 | | its
discretion, may allow the prevailing party, other than the | 23 | | State of
Illinois, reasonable attorneys fees and costs.
The | 24 | | State of Illinois shall be liable for such fees and costs to | 25 | | the same
extent as a private person.
| 26 | | (D) Intervention By The Department. The Attorney General of |
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| 1 | | Illinois
may intervene on behalf of the Department if the | 2 | | Department certifies that
the case is of general public | 3 | | importance. Upon such intervention the court
may award such | 4 | | relief as is authorized to be granted to a plaintiff in a
civil | 5 | | action under Section 10-102(C).
| 6 | | (Source: P.A. 86-910.)
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