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Illinois Compiled Statutes
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HUMAN RIGHTS (775 ILCS 5/) Illinois Human Rights Act. 775 ILCS 5/7A-101
(775 ILCS 5/7A-101) (from Ch. 68, par. 7A-101)
Sec. 7A-101.
The procedures specified in this Article shall apply
solely to Articles 2, 4, 5, and 5A and Sections 6-101 and 6-102 of Article 6.
(Source: P.A. 102-362, eff. 1-1-22 .)
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775 ILCS 5/7A-102
(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
Sec. 7A-102. Procedures.
(A) Charge.
(1) Within 300 calendar days after the date that a | | civil rights violation allegedly has been committed, a charge in writing under oath or affirmation may be filed with the Department by an aggrieved party or issued by the Department itself under the signature of the Director.
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(2) The charge shall be in such detail as to
| | substantially apprise any party properly concerned as to the time, place, and facts surrounding the alleged civil rights violation.
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(3) Charges deemed filed with the Department pursuant
| | to subsection (A-1) of this Section shall be deemed to be in compliance with this subsection.
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| (A-1) Equal Employment Opportunity Commission Charges.
(1) If a charge is filed with the Equal Employment
| | Opportunity Commission (EEOC) within 300 calendar days after the date of the alleged civil rights violation, the charge shall be deemed filed with the Department on the date filed with the EEOC. If the EEOC is the governmental agency designated to investigate the charge first, the Department shall take no action until the EEOC makes a determination on the charge and after the complainant notifies the Department of the EEOC's determination. In such cases, after receiving notice from the EEOC that a charge was filed, the Department shall notify the parties that (i) a charge has been received by the EEOC and has been sent to the Department for dual filing purposes; (ii) the EEOC is the governmental agency responsible for investigating the charge and that the investigation shall be conducted pursuant to the rules and procedures adopted by the EEOC; (iii) it will take no action on the charge until the EEOC issues its determination; (iv) the complainant must submit a copy of the EEOC's determination within 30 days after service of the determination by the EEOC on the complainant; and (v) that the time period to investigate the charge contained in subsection (G) of this Section is tolled from the date on which the charge is filed with the EEOC until the EEOC issues its determination.
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| (2) If the EEOC finds reasonable cause to believe
| | that there has been a violation of federal law and if the Department is timely notified of the EEOC's findings by the complainant, the Department shall notify the complainant that the Department has adopted the EEOC's determination of reasonable cause and that the complainant has the right, within 90 days after receipt of the Department's notice, to either file the complainant's own complaint with the Illinois Human Rights Commission or commence a civil action in the appropriate circuit court or other appropriate court of competent jurisdiction. This notice shall be provided to the complainant within 10 business days after the Department's receipt of the EEOC's determination. The Department's notice to the complainant that the Department has adopted the EEOC's determination of reasonable cause shall constitute the Department's Report for purposes of subparagraph (D) of this Section.
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| (3) For those charges alleging violations within the
| | jurisdiction of both the EEOC and the Department and for which the EEOC either (i) does not issue a determination, but does issue the complainant a notice of a right to sue, including when the right to sue is issued at the request of the complainant, or (ii) determines that it is unable to establish that illegal discrimination has occurred and issues the complainant a right to sue notice, and if the Department is timely notified of the EEOC's determination by the complainant, the Department shall notify the parties, within 10 business days after receipt of the EEOC's determination, that the Department will adopt the EEOC's determination as a dismissal for lack of substantial evidence unless the complainant requests in writing within 35 days after receipt of the Department's notice that the Department review the EEOC's determination.
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| (a) If the complainant does not file a written
| | request with the Department to review the EEOC's determination within 35 days after receipt of the Department's notice, the Department shall notify the complainant, within 10 business days after the expiration of the 35-day period, that the decision of the EEOC has been adopted by the Department as a dismissal for lack of substantial evidence and that the complainant has the right, within 90 days after receipt of the Department's notice, to commence a civil action in the appropriate circuit court or other appropriate court of competent jurisdiction. The Department's notice to the complainant that the Department has adopted the EEOC's determination shall constitute the Department's report for purposes of subparagraph (D) of this Section.
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| (b) If the complainant does file a written
| | request with the Department to review the EEOC's determination, the Department shall review the EEOC's determination and any evidence obtained by the EEOC during its investigation. If, after reviewing the EEOC's determination and any evidence obtained by the EEOC, the Department determines there is no need for further investigation of the charge, the Department shall issue a report and the Director shall determine whether there is substantial evidence that the alleged civil rights violation has been committed pursuant to subsection (D) of this Section. If, after reviewing the EEOC's determination and any evidence obtained by the EEOC, the Department determines there is a need for further investigation of the charge, the Department may conduct any further investigation it deems necessary. After reviewing the EEOC's determination, the evidence obtained by the EEOC, and any additional investigation conducted by the Department, the Department shall issue a report and the Director shall determine whether there is substantial evidence that the alleged civil rights violation has been committed pursuant to subsection (D) of this Section.
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| (4) Pursuant to this Section, if the EEOC dismisses
| | the charge or a portion of the charge of discrimination because, under federal law, the EEOC lacks jurisdiction over the charge, and if, under this Act, the Department has jurisdiction over the charge of discrimination, the Department shall investigate the charge or portion of the charge dismissed by the EEOC for lack of jurisdiction pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), (E), (F), (G), (H), (I), (J), and (K) of this Section.
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| (5) The time limit set out in subsection (G) of this
| | Section is tolled from the date on which the charge is filed with the EEOC to the date on which the EEOC issues its determination.
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| (6) The failure of the Department to meet the
| | 10-business-day notification deadlines set out in paragraph (2) of this subsection shall not impair the rights of any party.
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| (B) Notice and Response to Charge.
The Department shall, within 10
days of the date on which the charge
was filed, serve a copy of the charge on the respondent and provide all parties with a notice of the complainant's right to opt out of the investigation within 60 days as set forth in subsection (C-1). This period shall
not be construed to be jurisdictional. The charging party and the respondent
may each file a position statement and other materials with the Department
regarding the charge of alleged discrimination within 60 days of receipt of the
notice of the charge. The position statements and other materials filed shall
remain confidential unless otherwise agreed to by the party providing the
information and shall not be served on or made available to the other
party during the pendency
of a charge with the Department. The Department may
require the respondent to file a response to
the allegations contained in the charge. Upon the Department's request, the respondent shall
file a response to the charge within 60 days and shall serve a copy
of its response on the
complainant or the complainant's representative. Notwithstanding any request from the Department,
the respondent may elect to file a response to the charge
within 60 days of receipt of notice of the charge, provided the respondent serves a copy of its response on the complainant or the complainant's representative. All allegations contained in the charge
not denied by the respondent within 60 days of the Department's request for a response may be deemed admitted, unless the
respondent states that it is without sufficient information to
form a belief with respect to such allegation. The Department may issue
a notice of default directed to any respondent who fails to file a
response to a charge within 60 days of receipt of the Department's request,
unless the respondent can
demonstrate good cause as
to why such notice should not issue. The term "good cause" shall be defined by rule promulgated by the Department. Within 30 days of receipt
of the respondent's response, the complainant may file a
reply to
said response and
shall serve
a copy of said reply on the respondent or the respondent's representative. A party
shall have the right to supplement the party's response or reply at any time that
the investigation of the charge is pending. The Department shall,
within 10 days of the date on which the charge was filed,
and again no later than 335 days thereafter,
send by certified or registered mail, or electronic mail if elected by the party, written notice to the complainant
and to the respondent
informing the complainant
of the complainant's rights to either file a complaint with the Human
Rights Commission or commence a civil action in the appropriate circuit court
under subparagraph (2) of paragraph (G), including in such notice the dates
within which the complainant may exercise these rights.
In the notice the Department shall notify the complainant that the
charge of civil rights violation will be dismissed with prejudice and with no
right to further proceed if a written complaint is not timely filed with
the Commission or with the appropriate circuit court by the complainant pursuant to subparagraph (2) of paragraph (G)
or by the Department pursuant to subparagraph (1) of paragraph (G).
(B-1) Mediation. The complainant and respondent may agree to voluntarily
submit the charge
to mediation without waiving any rights that are otherwise available to
either party pursuant to this Act and without incurring any obligation to
accept the result of the mediation process. Nothing occurring in mediation
shall
be disclosed by the Department or admissible in evidence in any subsequent
proceeding unless the complainant and the respondent agree in writing that such
disclosure be made.
(C) Investigation.
(1) The Department shall conduct an investigation
| | sufficient to determine whether the allegations set forth in the charge are supported by substantial evidence unless the complainant elects to opt out of an investigation pursuant to subsection (C-1).
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(2) The Director or the Director's designated
| | representatives shall have authority to request any member of the Commission to issue subpoenas to compel the attendance of a witness or the production for examination of any books, records or documents whatsoever.
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(3) If any witness whose testimony is required for
| | any investigation resides outside the State, or through illness or any other good cause as determined by the Director is unable to be interviewed by the investigator or appear at a fact finding conference, the witness' testimony or deposition may be taken, within or without the State, in the same manner as is provided for in the taking of depositions in civil cases in circuit courts.
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(4) Upon reasonable notice to the complainant and the
| | respondent, the Department shall conduct a fact finding conference, unless prior to 365 days after the date on which the charge was filed the Director has determined whether there is substantial evidence that the alleged civil rights violation has been committed, the charge has been dismissed for lack of jurisdiction, or the parties voluntarily and in writing agree to waive the fact finding conference. Any party's failure to attend the conference without good cause shall result in dismissal or default. The term "good cause" shall be defined by rule promulgated by the Department. A notice of dismissal or default shall be issued by the Director. The notice of default issued by the Director shall notify the respondent that a request for review may be filed in writing with the Commission within 30 days of receipt of notice of default. The notice of dismissal issued by the Director shall give the complainant notice of the complainant's right to seek review of the dismissal before the Human Rights Commission or commence a civil action in the appropriate circuit court. If the complainant chooses to have the Human Rights Commission review the dismissal order, the complainant shall file a request for review with the Commission within 90 days after receipt of the Director's notice. If the complainant chooses to file a request for review with the Commission, the complainant may not later commence a civil action in a circuit court. If the complainant chooses to commence a civil action in a circuit court, the complainant must do so within 90 days after receipt of the Director's notice.
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(C-1) Opt out of Department's investigation. At any time within 60 days after receipt of notice of the right to opt out, a complainant may submit a written request seeking notice from the Director indicating that the complainant has opted out of the investigation and may commence a civil action in the appropriate circuit court or other appropriate court of competent jurisdiction. Within 10 business days of receipt of the complainant's request to opt out of the investigation, the Director shall issue a notice to the parties stating that: (i) the complainant has exercised the right to opt out of the investigation; (ii) the complainant has 90 days after receipt of the Director's notice to commence an action in the appropriate circuit court or other appropriate court of competent jurisdiction; and (iii) the Department has ceased its investigation and is administratively closing the charge. The complainant shall notify the Department that a complaint has been filed with the appropriate circuit court by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from the date that the complaint is filed with the appropriate circuit court. This 21-day period for service on the chief legal counsel
shall not be construed to be jurisdictional. Once a complainant has opted out of the investigation under this subsection, the complainant may not file or refile a substantially similar charge with the Department arising from the same incident of unlawful discrimination or harassment.
(D) Report.
(1) Each charge investigated under subsection (C)
| | shall be the subject of a report to the Director. The report shall be a confidential document subject to review by the Director, authorized Department employees, the parties, and, where indicated by this Act, members of the Commission or their designated hearing officers.
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(2) Upon review of the report, the Director shall
| | determine whether there is substantial evidence that the alleged civil rights violation has been committed. The determination of substantial evidence is limited to determining the need for further consideration of the charge pursuant to this Act and includes, but is not limited to, findings of fact and conclusions, as well as the reasons for the determinations on all material issues. Substantial evidence is evidence which a reasonable mind accepts as sufficient to support a particular conclusion and which consists of more than a mere scintilla but may be somewhat less than a preponderance.
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(3) If the Director determines that there is no
| | substantial evidence, the charge shall be dismissed by the Director and the Director shall give the complainant notice of the complainant's right to seek review of the notice of dismissal before the Commission or commence a civil action in the appropriate circuit court. If the complainant chooses to have the Human Rights Commission review the notice of dismissal, the complainant shall file a request for review with the Commission within 90 days after receipt of the Director's notice. If the complainant chooses to file a request for review with the Commission, the complainant may not later commence a civil action in a circuit court. If the complainant chooses to commence a civil action in a circuit court, the complainant must do so within 90 days after receipt of the Director's notice. The complainant shall notify the Department that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from the date that the complaint is filed in circuit court. This 21-day period for service on the chief legal counsel shall not be construed to be jurisdictional.
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(4) If the Director determines that there is
| | substantial evidence, the Director shall notify the complainant and respondent of that determination. The Director shall also notify the parties that the complainant has the right to either commence a civil action in the appropriate circuit court or request that the Department of Human Rights file a complaint with the Human Rights Commission on the complainant's behalf. Any such complaint shall be filed within 90 days after receipt of the Director's notice. If the complainant chooses to have the Department file a complaint with the Human Rights Commission on the complainant's behalf, the complainant must, within 30 days after receipt of the Director's notice, request in writing that the Department file the complaint. If the complainant timely requests that the Department file the complaint, the Department shall file the complaint on the complainant's behalf. If the complainant fails to timely request that the Department file the complaint, the complainant may file the complainant's complaint with the Commission or commence a civil action in the appropriate circuit court. If the complainant files a complaint with the Human Rights Commission, the complainant shall notify the Department that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from the date that the complaint is filed with the Human Rights Commission. This 21-day period for service on the chief legal counsel shall not be construed to be jurisdictional.
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| (E) Conciliation.
(1) When there is a finding of substantial evidence,
| | the Department may designate a Department employee who is an attorney licensed to practice in Illinois to endeavor to eliminate the effect of the alleged civil rights violation and to prevent its repetition by means of conference and conciliation.
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(2) When the Department determines that a formal
| | conciliation conference is necessary, the complainant and respondent shall be notified of the time and place of the conference by registered or certified mail at least 10 days prior thereto and either or both parties shall appear at the conference in person or by attorney.
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(3) The place fixed for the conference shall be
| | within 35 miles of the place where the civil rights violation is alleged to have been committed.
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(4) Nothing occurring at the conference shall be
| | disclosed by the Department unless the complainant and respondent agree in writing that such disclosure be made.
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(5) The Department's efforts to conciliate the matter
| | shall not stay or extend the time for filing the complaint with the Commission or the circuit court.
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| (F) Complaint.
(1) When the complainant requests that the Department
| | file a complaint with the Commission on the complainant's behalf, the Department shall prepare a written complaint, under oath or affirmation, stating the nature of the civil rights violation substantially as alleged in the charge previously filed and the relief sought on behalf of the aggrieved party. The Department shall file the complaint with the Commission.
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| (1.5) If the complainant chooses to file a complaint
| | with the Commission without the Department's assistance, the complainant shall notify the Department that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from the date that the complaint is filed with the Human Rights Commission. This 21-day period for service on the chief legal counsel shall not be construed to be jurisdictional.
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(2) If the complainant chooses to commence a civil
| | action in a circuit court:
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| (i) The complainant shall file the civil action
| | in the circuit court in the county wherein the civil rights violation was allegedly committed.
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| (ii) The form of the complaint in any such civil
| | action shall be in accordance with the Code of Civil Procedure.
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| (iii) The complainant shall notify the Department
| | that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from date that the complaint is filed in circuit court. This 21-day period for service on the chief legal counsel shall not be construed to be jurisdictional.
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(G) Time Limit.
(1) When a charge of a civil rights violation has
| | been properly filed, the Department, within 365 days thereof or within any extension of that period agreed to in writing by all parties, shall issue its report as required by subparagraph (D). Any such report shall be duly served upon both the complainant and the respondent.
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(2) If the Department has not issued its report
| | within 365 days after the charge is filed, or any such longer period agreed to in writing by all the parties, the complainant shall have 90 days to either file the complainant's own complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court. If the complainant files a complaint with the Commission, the form of the complaint shall be in accordance with the provisions of paragraph (F)(1). If the complainant commences a civil action in a circuit court, the form of the complaint shall be in accordance with the Code of Civil Procedure. The aggrieved party shall notify the Department that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department with 21 days from the date that the complaint is filed with the Commission or in circuit court. This 21-day period for service on the chief legal counsel shall not be construed to be jurisdictional. If the complainant files a complaint with the Commission, the complainant may not later commence a civil action in circuit court.
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(3) If an aggrieved party files a complaint with the
| | Human Rights Commission or commences a civil action in circuit court pursuant to paragraph (2) of this subsection, or if the time period for filing a complaint has expired, the Department shall immediately cease its investigation and dismiss the charge of civil rights violation. Any final order entered by the Commission under this Section is appealable in accordance with paragraph (B)(1) of Section 8-111. Failure to immediately cease an investigation and dismiss the charge of civil rights violation as provided in this paragraph (3) constitutes grounds for entry of an order by the circuit court permanently enjoining the investigation. The Department may also be liable for any costs and other damages incurred by the respondent as a result of the action of the Department.
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(4) (Blank).
(H) Public Act 89-370 applies to causes of action filed on or
after January 1, 1996.
(I) Public Act 89-520 applies to causes of action filed on or
after January 1, 1996.
(J) The changes made to this Section by Public Act 95-243 apply to charges filed on or
after the effective date of those changes.
(K) The changes made to this Section by Public Act 96-876 apply to charges filed on or
after the effective date of those changes.
(L) The changes made to this Section by Public Act 100-1066 apply to charges filed on or
after August 24, 2018 (the effective date of Public Act 100-1066).
(Source: P.A. 102-558, eff. 8-20-21; 103-335, eff. 1-1-24 .)
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775 ILCS 5/7A-103
(775 ILCS 5/7A-103) (from Ch. 68, par. 7A-103)
Sec. 7A-103. Settlement.
(A) Circumstances. A settlement of any
charge prior to the filing of a complaint may be
effectuated at any time upon agreement of the
parties and the approval of the Department.
A settlement of any charge after the filing of a complaint shall be
effectuated as specified in Section 8-105(A)(2) of this Act.
(B) Form. Settlements of charges prior to the filing of
complaints shall be reduced to writing by the
Department, signed by the parties, and submitted by the Department to
the Commission for approval.
Settlements of charges after the filing of complaints shall be
effectuated as specified in Section 8-105(A)(2) of this Act.
(C) Violation.
(1) When either party alleges that a settlement order | | has been violated, the Department shall conduct an investigation into the matter.
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(2) Upon finding substantial evidence to demonstrate
| | that a settlement has been violated, the Department shall file notice of a settlement order violation with the Commission and serve all parties.
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(D) Dismissal For Refusal To Accept Settlement Offer. The
Department shall dismiss a charge if it is satisfied that:
(1) the respondent has eliminated the effects of the
| | civil rights violation charged and taken steps to prevent its repetition; or
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(2) the respondent offers and the complainant
| | declines to accept terms of settlement which the Department finds are sufficient to eliminate the effects of the civil rights violation charged and prevent its repetition.
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When the Department dismisses a charge under this Section
it
shall notify the complainant that he or she may seek review of the
dismissal order before the Commission. The
complainant shall have 30
days from receipt of notice to file a request for review by the Commission.
In determining whether the respondent has eliminated the
effects
of the civil rights violation charged, or has offered terms of settlement
sufficient to eliminate same, the Department shall consider the extent to
which the respondent has either fully provided, or reasonably offered by way
of terms of settlement, as the case may be, the relevant relief available
to the complainant under Section 8A-104 of this Act.
(E) Public Act 89-370 applies to causes of action filed on or
after January 1, 1996.
(F) The changes made to this Section by Public Act 95-243 apply to charges filed on or
after the effective date of those changes.
(Source: P.A. 102-558, eff. 8-20-21.)
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775 ILCS 5/7A-104 (775 ILCS 5/7A-104) (from Ch. 68, par. 7A-104) Sec. 7A-104. Judicial proceedings. (A) Temporary relief. (1) At any time after a charge is filed, the | | Department or complainant may petition the appropriate court for temporary relief, pending final determination of the proceedings under this Act. Whether it is brought by the Department or by the complainant, the petition shall contain a certification by the Director that the particular matter warrants temporary relief. The filing of a petition under this paragraph does not affect the initiation or continuation of administrative proceedings under Sections 7A-102 and 8A-102.
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| (2) The petition shall be filed in the circuit court
| | for the county in which the respondent resides or transacts business or in which the alleged violation took place, and the proceedings shall be governed by Part I of Article XI of the "Code of Civil Procedure", as amended. The court may grant temporary relief or a temporary restraining order as it deems just and proper.
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| (3) (Blank).
(B) Expedited proceedings.
(1) A complainant or the Department at the request of
| | the complainant may at any time petition the circuit court for expedited proceedings. Except as to causes the circuit court considers to be of greater importance, consideration of petitions for expedited proceedings under this subsection shall take precedence on the docket over all other causes and be assigned for hearing at the earliest practicable date and expedited in every way.
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| (2) Venue for a petition filed under this subsection
| | shall lie in the county where the respondent resides or is found or where the alleged violation was committed.
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| (3) Any petition filed by the complainant shall name
| | the Department, Commission and the respondent. Any petition filed by the Department, upon request of the complainant, shall name the Commission and the respondent.
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| (4) If the circuit court determines that the
| | complainant is likely to die before the termination of the proceedings under this Act, it may order the proceedings expedited. When an order for expedited proceedings is issued, the processing of the complainant's charge by the Department and Commission shall take precedence over all matters except older matters of the same character. Where such order is issued, the Department, the Commission, any panel of the Commission, or any Commission hearing officer shall be authorized to shorten any time period, other than the filing period set by Section 7A-102(A)(1). If such an order is issued and the complainant is before the Department, the Department shall immediately appoint an investigator if an investigator has not been appointed and shall in 90 days either file a complaint or order that no complaint be issued. If the Department fails to make a determination within 90 days the complainant shall have 30 days to file a complaint with the Commission.
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| (C) Enforcement of Commission orders. When authorized by this Act, the Department, at the request of the Commission, may take whatever action may be authorized for the enforcement of Commission orders.
(Source: P.A. 103-335, eff. 1-1-24 .)
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775 ILCS 5/Art. 7B
(775 ILCS 5/Art. 7B heading)
ARTICLE 7B.
DEPARTMENT OF HUMAN RIGHTS;
PROCEDURES UNDER ARTICLE 3
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775 ILCS 5/7B-101
(775 ILCS 5/7B-101) (from Ch. 68, par. 7B-101)
Sec. 7B-101.
The procedures specified in this Article shall apply
solely to Article 3 and Section 6-101.5 of Article 6.
(Source: P.A. 102-362, eff. 1-1-22 .)
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775 ILCS 5/7B-102
(775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
Sec. 7B-102. Procedures.
(A) Charge.
(1) Within one year after the date that a civil | | rights violation allegedly has been committed or terminated, a charge in writing under oath or affirmation may be filed with the Department by an aggrieved party or issued by the Department itself under the signature of the Director.
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(2) The charge shall be in such detail as to
| | substantially apprise any party properly concerned as to the time, place, and facts surrounding the alleged civil rights violation.
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(B) Notice and Response to Charge.
(1) The Department shall serve notice upon the
| | aggrieved party acknowledging such charge and advising the aggrieved party of the time limits and choice of forums provided under this Act. The Department shall, within 10 days of the date on which the charge was filed or the identification of an additional respondent under paragraph (2) of this subsection, serve on the respondent a copy of the charge along with a notice identifying the alleged civil rights violation and advising the respondent of the procedural rights and obligations of respondents under this Act and may require the respondent to file a response to the allegations contained in the charge. Upon the Department's request, the respondent shall file a response to the charge within 30 days and shall serve a copy of its response on the complainant or his or her representative. Notwithstanding any request from the Department, the respondent may elect to file a response to the charge within 30 days of receipt of notice of the charge, provided the respondent serves a copy of its response on the complainant or his or her representative. All allegations contained in the charge not denied by the respondent within 30 days after the Department's request for a response may be deemed admitted, unless the respondent states that it is without sufficient information to form a belief with respect to such allegation. The Department may issue a notice of default directed to any respondent who fails to file a response to a charge within 30 days of the Department's request, unless the respondent can demonstrate good cause as to why such notice should not issue. The term "good cause" shall be defined by rule promulgated by the Department. Within 10 days of the date he or she receives the respondent's response, the complainant may file his or her reply to said response. If he or she chooses to file a reply, the complainant shall serve a copy of said reply on the respondent or his or her representative. A party may supplement his or her response or reply at any time that the investigation of the charge is pending.
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(2) A person who is not named as a respondent in a
| | charge, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice, under subsection (B), to such person, from the Department. Such notice, in addition to meeting the requirements of subsections (A) and (B), shall explain the basis for the Department's belief that a person to whom the notice is addressed is properly joined as a respondent.
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(C) Investigation.
(1) The Department shall conduct a full investigation
| | of the allegations set forth in the charge and complete such investigation within 100 days after the filing of the charge, unless it is impracticable to do so. The Department's failure to complete the investigation within 100 days after the proper filing of the charge does not deprive the Department of jurisdiction over the charge.
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(2) If the Department is unable to complete the
| | investigation within 100 days after the charge is filed, the Department shall notify the complainant and respondent in writing of the reasons for not doing so. The failure of the Department to notify the complainant or respondent in writing of the reasons for not doing so shall not deprive the Department of jurisdiction over the charge.
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(3) The Director or his or her designated
| | representative shall have authority to request any member of the Commission to issue subpoenas to compel the attendance of a witness or the production for examination of any books, records or documents whatsoever.
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(4) If any witness whose testimony is required for
| | any investigation resides outside the State, or through illness or any other good cause as determined by the Director is unable to be interviewed by the investigator or appear at a fact finding conference, his or her testimony or deposition may be taken, within or without the State, in the same manner as provided for in the taking of depositions in civil cases in circuit courts.
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(5) Upon reasonable notice to the complainant and the
| | respondent, the Department may conduct a fact finding conference. When requested by the Department, a party's failure to attend the conference without good cause may result in dismissal or default. A notice of dismissal or default shall be issued by the Director and shall notify the relevant party that a request for review may be filed in writing with the Commission within 30 days of receipt of notice of dismissal or default.
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(D) Report.
(1) Each charge investigated under subsection (C)
| | shall be the subject of a report to the Director. The report shall be a confidential document subject to review by the Director, authorized Department employees, the parties, and, where indicated by this Act, members of the Commission or their designated hearing officers.
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The report shall contain:
(a) the names and dates of contacts with
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(b) a summary and the date of correspondence and
| | other contacts with the aggrieved party and the respondent;
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(c) a summary description of other pertinent
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(d) a summary of witness statements; and
(e) answers to questionnaires.
A final report under this paragraph may be amended if
| | additional evidence is later discovered.
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(2) Upon review of the report and within 100 days of
| | the filing of the charge, unless it is impracticable to do so, the Director shall determine whether there is substantial evidence that the alleged civil rights violation has been committed or is about to be committed. If the Director is unable to make the determination within 100 days after the filing of the charge, the Director shall notify the complainant and respondent in writing of the reasons for not doing so. The Director's failure to make the determination within 100 days after the proper filing of the charge does not deprive the Department of jurisdiction over the charge.
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(a) If the Director determines that there is no
| | substantial evidence, the charge shall be dismissed and the aggrieved party notified that he or she may seek review of the dismissal order before the Commission. The aggrieved party shall have 90 days from receipt of notice to file a request for review by the Commission. The Director shall make public disclosure of each such dismissal.
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(b) If the Director determines that there is
| | substantial evidence, he or she shall immediately issue a complaint on behalf of the aggrieved party pursuant to subsection (F).
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(E) Conciliation.
(1) During the period beginning with the filing of
| | charge and ending with the filing of a complaint or a dismissal by the Department, the Department shall, to the extent feasible, engage in conciliation with respect to such charge.
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When the Department determines that a formal
| | conciliation conference is feasible, the aggrieved party and respondent shall be notified of the time and place of the conference by registered or certified mail at least 7 days prior thereto and either or both parties shall appear at the conference in person or by attorney.
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(2) The place fixed for the conference shall be
| | within 35 miles of the place where the civil rights violation is alleged to have been committed.
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(3) Nothing occurring at the conference shall be made
| | public or used as evidence in a subsequent proceeding for the purpose of proving a violation under this Act unless the complainant and respondent agree in writing that such disclosure be made.
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(4) A conciliation agreement arising out of such
| | conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the Department and Commission.
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(5) A conciliation agreement may provide for binding
| | arbitration of the dispute arising from the charge. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.
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(6) Each conciliation agreement shall be made public
| | unless the complainant and respondent otherwise agree and the Department determines that disclosure is not required to further the purpose of this Act.
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(F) Complaint.
(1) When there is a failure to settle or adjust any
| | charge through a conciliation conference and the charge is not dismissed, the Department shall prepare a written complaint, under oath or affirmation, stating the nature of the civil rights violation and the relief sought on behalf of the aggrieved party. Such complaint shall be based on the final investigation report and need not be limited to the facts or grounds alleged in the charge filed under subsection (A).
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(2) The complaint shall be filed with the Commission.
(3) The Department may not issue a complaint under
| | this Section regarding an alleged civil rights violation after the beginning of the trial of a civil action commenced by the aggrieved party under any State or federal law, seeking relief with respect to that alleged civil rights violation.
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(G) Time Limit.
(1) When a charge of a civil rights violation has
| | been properly filed, the Department, within 100 days thereof, unless it is impracticable to do so, shall either issue and file a complaint in the manner and form set forth in this Section or shall order that no complaint be issued. Any such order shall be duly served upon both the aggrieved party and the respondent. The Department's failure to either issue and file a complaint or order that no complaint be issued within 100 days after the proper filing of the charge does not deprive the Department of jurisdiction over the charge.
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(2) The Director shall make available to the
| | aggrieved party and the respondent, at any time, upon request following completion of the Department's investigation, information derived from an investigation and any final investigative report relating to that investigation.
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(H) This amendatory Act of 1995 applies to causes of action filed on or
after
January 1, 1996.
(I) The changes made to this Section by Public Act 95-243 apply to charges filed on or
after the effective date of those changes.
(J) The changes made to this Section by this amendatory Act of the 96th General Assembly apply to charges filed on or
after the effective date of those changes.
(Source: P.A. 101-530, eff. 1-1-20; 102-362, eff. 1-1-22 .)
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775 ILCS 5/7B-103
(775 ILCS 5/7B-103) (from Ch. 68, par. 7B-103)
Sec. 7B-103. Settlement.
(A) Circumstances. A settlement of any
charge prior to the filing of a complaint may be
effectuated at any time upon agreement of the
parties and the approval of the Department.
A settlement of any charge after the filing of complaint shall be
effectuated as specified in Section 8-105(A)(2) of this Act.
(B) Form. Settlements of charges prior to the filing of
complaints shall be reduced to writing by the
Department, signed by the parties, and submitted by the Department to
the Commission for approval.
Settlements of charges after the filing of complaints shall be
effectuated as specified in Section 8-105(A)(2) of this Act.
(C) Violation.
(1) When either party alleges that a settlement order | | has been violated, the Department shall conduct an investigation into the matter.
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(2) Upon finding substantial evidence to demonstrate
| | that a settlement has been violated, the Department shall refer the matter to the Attorney General for enforcement in the circuit court in which the respondent or complainant resides or transacts business or in which the alleged violation took place.
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(D) Dismissal For Refusal To Accept Settlement Offer. The
Department may dismiss a charge if it is satisfied that:
(1) the respondent has eliminated the effects of the
| | civil rights violation charged and taken steps to prevent its repetition; or
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|
(2) the respondent offers and the aggrieved party
| | declines to accept terms of settlement which the Department finds are sufficient to eliminate the effects of the civil rights violation charged and prevent its repetition.
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(3) When the Department dismisses a charge under this
| | Section it shall notify the complainant that he or she may seek review of the dismissal order before the Commission. The aggrieved party shall have 30 days from receipt of notice to file a request for review by the Commission.
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(4) In determining whether the respondent has
| | eliminated the effects of the civil rights violation charged, or has offered terms of settlement sufficient to eliminate same, the Department shall consider the extent to which the respondent has either fully provided, or reasonably offered by way of terms of settlement, as the case may be, the relevant relief available to the aggrieved party under Section 8B-104 of this Act with the exception of civil penalties.
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(E) This amendatory Act of 1995 applies to causes of action filed on or
after January 1, 1996.
(F) The changes made to this Section by this amendatory Act of the 95th General Assembly apply to charges filed on or
after the effective date of those changes.
(Source: P.A. 95-243, eff. 1-1-08.)
|
775 ILCS 5/7B-104 (775 ILCS 5/7B-104) (from Ch. 68, par. 7B-104) Sec. 7B-104. Judicial proceedings. (A) Temporary relief. (1) At any time after a charge is filed, the | | Department or aggrieved party may petition the appropriate court for temporary relief, pending final determination of the proceedings under this Act. Whether it is brought by the Department or by the aggrieved party, the petition shall contain a certification by the Director that the particular matter warrants temporary relief. The filing of a petition under this paragraph does not affect the initiation or continuation of administrative proceedings under Sections 7B-102 and 8B-102.
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| (2) The petition shall be filed in the circuit court
| | for the county in which the respondent resides or transacts business or in which the alleged violation took place, and the proceedings shall be governed by Part 1 of Article XI of the "Code of Civil Procedure", as amended. The court may grant temporary relief or a temporary restraining order as it deems just and proper.
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| (3) (Blank).
(B) Enforcement of Commission orders. When authorized by this Act, the Department, at the request of the Commission, may take whatever action may be authorized for the enforcement of Commission orders.
(Source: P.A. 103-335, eff. 1-1-24 .)
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775 ILCS 5/Art. 8
(775 ILCS 5/Art. 8 heading)
ARTICLE 8.
ILLINOIS HUMAN RIGHTS COMMISSION
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775 ILCS 5/8-101
(775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
(Text of Section from P.A. 102-1129)
Sec. 8-101. Illinois Human Rights Commission.
(A) Creation; appointments. The Human Rights Commission is created to consist
of 7 members appointed by the Governor with the advice and consent of the
Senate. No more than 4 members shall be of the same political party. The
Governor shall designate one member as chairperson. All appointments shall
be in writing and filed with the Secretary of State as a public record.
(B) Terms. Of the members first appointed, 4 shall be appointed for a
term to expire on the third Monday of January, 2021, and 3 (including the
Chairperson) shall be appointed for a term to expire on the third Monday
of January, 2023.
Notwithstanding any provision of this Section to the contrary, the term
of office of each member of the Illinois Human Rights Commission is
abolished on January 19, 2019. Incumbent members holding a position on the Commission that was created by Public Act 84-115 and whose terms, if not for this amendatory Act of the 100th General Assembly, would have expired January 18, 2021 shall continue to exercise all of the powers and be
subject to all of the duties of members of the Commission until June 30, 2019 or until
their respective successors are appointed and qualified, whichever is earlier.
Thereafter, each member shall serve for a term of 4 years
and until his or her successor is appointed and qualified; except that any
member chosen to fill a vacancy occurring otherwise than by expiration of
a term shall be appointed only for the unexpired term of the member whom
he or she shall succeed and until his or her successor is appointed and
qualified.
(C) Vacancies. (1) In the case of vacancies on the Commission | | during a recess of the Senate, the Governor shall make a temporary appointment until the next meeting of the Senate when he or she shall appoint a person to fill the vacancy. Any person so nominated and confirmed by the Senate shall hold office for the remainder of the term and until his or her successor is appointed and qualified.
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|
(2) If the Senate is not in session at the time this
| | Act takes effect, the Governor shall make temporary appointments to the Commission as in the case of vacancies.
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|
(3) Vacancies in the Commission shall not impair the
| | right of the remaining members to exercise all the powers of the Commission. Except when authorized by this Act to proceed through a 3 member panel, a majority of the members of the Commission then in office shall constitute a quorum.
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|
(D) Compensation. On and after January 19, 2019, the Chairperson of the Commission shall be compensated
at the rate of $125,000 per year, or as set by the Compensation Review
Board, whichever is greater, during his or her service as Chairperson,
and each other member shall be compensated at the rate of $119,000 per
year, or as set by the Compensation Review Board, whichever is greater.
In addition, all members of the Commission shall be reimbursed for expenses
actually and necessarily incurred by them
in the performance of their duties.
(E) Notwithstanding the general supervisory authority of the Chairperson, each commissioner, unless appointed to the special temporary panel created under subsection (H), has the authority to hire and supervise a staff attorney. The staff attorney shall report directly to the individual commissioner.
(F) A formal training program for newly appointed commissioners shall be implemented. The training program shall include the following:
(1) substantive and procedural aspects of the office
| | (2) current issues in employment and housing
| | discrimination and public accommodation law and practice;
|
| (3) orientation to each operational unit of the Human
| | (4) observation of experienced hearing officers and
| | commissioners conducting hearings of cases, combined with the opportunity to discuss evidence presented and rulings made;
|
| (5) the use of hypothetical cases requiring the newly
| | appointed commissioner to issue judgments as a means of evaluating knowledge and writing ability;
|
| (6) writing skills; and
(7) professional and ethical standards.
A formal and ongoing professional development program including, but not limited to, the above-noted areas shall be implemented to keep commissioners informed of recent developments and issues and to assist them in maintaining and enhancing their professional competence. Each commissioner shall complete 20 hours of training in the above-noted areas during every 2 years the commissioner remains in office.
(G) Commissioners must meet one of the following qualifications:
(1) licensed to practice law in the State of Illinois;
(2) at least 3 years of experience as a hearing
| | officer at the Human Rights Commission; or
|
| (3) at least 4 years of professional experience
| | working for or dealing with individuals or corporations affected by this Act or similar laws in other jurisdictions, including, but not limited to, experience with a civil rights advocacy group, a fair housing group, a community organization, a trade association, a union, a law firm, a legal aid organization, an employer's human resources department, an employment discrimination consulting firm, a community affairs organization, or a municipal human relations agency.
|
| The Governor's appointment message, filed with the Secretary of State and transmitted to the Senate, shall state specifically how the experience of a nominee for commissioner meets the requirement set forth in this subsection. The Chairperson must have public or private sector management and budget experience, as determined by the Governor.
Each commissioner shall devote full time to his or her duties and any commissioner who is an attorney shall not engage in the practice of law, nor shall any commissioner hold any other office or position of profit under the United States or this State or any municipal corporation or political subdivision of this State, nor engage in any other business, employment, or vocation.
(H) Notwithstanding any other provision of this Act, the Governor shall appoint, by and with the consent of the Senate, a special temporary panel of commissioners comprised of 3 members. The members shall hold office until the Commission, in consultation with the Governor, determines that the caseload of requests for review has been reduced sufficiently to allow cases to proceed in a timely manner, or for a term of 18 months from the date of appointment by the Governor, whichever is earlier. Each of the 3 members shall have only such rights and powers of a commissioner necessary to dispose of the cases assigned to the special panel. Each of the 3 members appointed to the special panel shall receive the same salary as other commissioners for the duration of the panel. The panel shall have the authority to hire and supervise a staff attorney who shall report to the panel of commissioners.
(Source: P.A. 101-530, eff. 1-1-20; 102-1129, eff. 2-10-23.)
(Text of Section from P.A. 103-326)
Sec. 8-101. Illinois Human Rights Commission.
(A) Creation; appointments. The Human Rights Commission is created to consist
of 7 members appointed by the Governor with the advice and consent of the
Senate. No more than 4 members shall be of the same political party. The
Governor shall designate one member as chairperson. All appointments shall
be in writing and filed with the Secretary of State as a public record.
(B) Terms. Of the members first appointed, 4 shall be appointed for a
term to expire on the third Monday of January, 2021, and 3 (including the
Chairperson) shall be appointed for a term to expire on the third Monday
of January, 2023.
Notwithstanding any provision of this Section to the contrary, the term
of office of each member of the Illinois Human Rights Commission is
abolished on January 19, 2019. Incumbent members holding a position on the Commission that was created by Public Act 84-115 and whose terms, if not for this amendatory Act of the 100th General Assembly, would have expired January 18, 2021 shall continue to exercise all of the powers and be
subject to all of the duties of members of the Commission until June 30, 2019 or until
their respective successors are appointed and qualified, whichever is earlier.
Thereafter, each member shall serve for a term of 4 years
and until the member's successor is appointed and qualified; except that any
member chosen to fill a vacancy occurring otherwise than by expiration of
a term shall be appointed only for the unexpired term of the member whom the member
shall succeed and until the member's successor is appointed and
qualified.
(C) Vacancies.
(1) In the case of vacancies on the Commission
| | during a recess of the Senate, the Governor shall make a temporary appointment until the next meeting of the Senate when the Governor shall appoint a person to fill the vacancy. Any person so nominated and confirmed by the Senate shall hold office for the remainder of the term and until the person's successor is appointed and qualified.
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|
(2) If the Senate is not in session at the time this
| | Act takes effect, the Governor shall make temporary appointments to the Commission as in the case of vacancies.
|
|
(3) Vacancies in the Commission shall not impair the
| | right of the remaining members to exercise all the powers of the Commission. Except when authorized by this Act to proceed through a 3 member panel, a majority of the members of the Commission then in office shall constitute a quorum.
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|
(D) Compensation. On and after January 19, 2019, the Chairperson of the Commission shall be compensated
at the rate of $125,000 per year, or as set by the Compensation Review
Board, whichever is greater, during the Chairperson's service as Chairperson,
and each other member shall be compensated at the rate of $119,000 per
year, or as set by the Compensation Review Board, whichever is greater.
In addition, all members of the Commission shall be reimbursed for expenses
actually and necessarily incurred by them
in the performance of their duties.
(E) Notwithstanding the general supervisory authority of the Chairperson, each commissioner, unless appointed to the special temporary panel created under subsection (H), has the authority to hire and supervise a staff attorney. The staff attorney shall report directly to the individual commissioner.
(F) A formal training program for newly appointed commissioners shall be implemented. The training program shall include the following:
(1) substantive and procedural aspects of the office
| | (2) current issues in employment and housing
| | discrimination and public accommodation law and practice;
|
| (3) orientation to each operational unit of the Human
| | (4) observation of experienced hearing officers and
| | commissioners conducting hearings of cases, combined with the opportunity to discuss evidence presented and rulings made;
|
| (5) the use of hypothetical cases requiring the newly
| | appointed commissioner to issue judgments as a means of evaluating knowledge and writing ability;
|
| (6) writing skills; and
(7) professional and ethical standards.
A formal and ongoing professional development program including, but not limited to, the above-noted areas shall be implemented to keep commissioners informed of recent developments and issues and to assist them in maintaining and enhancing their professional competence. Each commissioner shall complete 20 hours of training in the above-noted areas during every 2 years the commissioner remains in office.
(G) Commissioners must meet one of the following qualifications:
(1) licensed to practice law in the State of Illinois;
(2) at least 3 years of experience as a hearing
| | officer at the Human Rights Commission; or
|
| (3) at least 4 years of professional experience
| | working for or dealing with individuals or corporations affected by this Act or similar laws in other jurisdictions, including, but not limited to, experience with a civil rights advocacy group, a fair housing group, a trade association, a union, a law firm, a legal aid organization, an employer's human resources department, an employment discrimination consulting firm, or a municipal human relations agency.
|
| The Governor's appointment message, filed with the Secretary of State and transmitted to the Senate, shall state specifically how the experience of a nominee for commissioner meets the requirement set forth in this subsection. The Chairperson must have public or private sector management and budget experience, as determined by the Governor.
Each commissioner shall devote full time to the commissioner's duties and any commissioner who is an attorney shall not engage in the practice of law, nor shall any commissioner hold any other office or position of profit under the United States or this State or any municipal corporation or political subdivision of this State, nor engage in any other business, employment, or vocation.
(H) (Blank).
(Source: P.A. 103-326, eff. 1-1-24.)
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775 ILCS 5/8-102
(775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
Sec. 8-102. Powers and duties. In addition to the other powers
and duties prescribed in this Act, the Commission shall have the following
powers and duties:
(A) Meetings. To meet and function at any place | |
(B) Offices. To establish and maintain offices in
| |
(C) Employees. To select and fix the compensation of
| | such technical advisors and employees as it may deem necessary pursuant to the provisions of the Personnel Code.
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(D) Hearing Officers. To select and fix the
| | compensation of hearing officers who shall be attorneys duly licensed to practice law in this State and full-time employees of the Commission.
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|
A formal and unbiased training program for hearing
| | officers shall be implemented. The training program shall include the following:
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|
(1) substantive and procedural aspects of the
| | hearing officer position;
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|
(2) current issues in human rights law and
| |
(3) lectures by specialists in substantive areas
| | related to human rights matters;
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|
(4) orientation to each operational unit of the
| | Department and Commission;
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|
(5) observation of experienced hearing officers
| | conducting hearings of cases, combined with the opportunity to discuss evidence presented and rulings made;
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|
(6) the use of hypothetical cases requiring the
| | hearing officer to issue judgments as a means to evaluating knowledge and writing ability;
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|
(7) writing skills;
(8) computer skills, including, but not limited
| | to, word processing and document management.
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|
A formal, unbiased and ongoing professional
| | development program including, but not limited to, the above-noted areas shall be implemented to keep hearing officers informed of recent developments and issues and to assist them in maintaining and enhancing their professional competence.
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|
(E) Rules and Regulations. To adopt, promulgate,
| | amend, and rescind rules and regulations not inconsistent with the provisions of this Act pursuant to the Illinois Administrative Procedure Act.
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|
(F) Compulsory Process. To issue and authorize
| | requests for enforcement of subpoenas and other compulsory process established by this Act.
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|
(G) Decisions. Through a panel of 3 members
| | designated by the Chairperson on a random basis, to hear and decide by majority vote complaints filed in conformity with this Act and to approve proposed settlements. Decisions by commissioners must be based strictly on neutral interpretations of the law and the facts.
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|
(H) Rehearings. To order, by a vote of 3 members,
| | rehearing of its decisions by the entire Commission in conformity with this Act.
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|
(I) Judicial Enforcement. To authorize requests for
| | judicial enforcement of its orders in conformity with this Act.
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|
(J) Opinions. To publish each decision within 180
| | days of the decision to assure a consistent source of precedent. Published decisions shall be subject to the Personal Information Protection Act.
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|
(K) Public Grants; Private Gifts. To accept public
| | grants and private gifts as may be authorized.
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(L) Interpreters. To appoint at the expense of the
| | Commission a qualified interpreter whenever a hearing impaired individual or an individual who lacks proficiency in the English language is a party or witness in proceedings before the Commission.
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|
(M) Automated Processing Plan. To prepare an
| | electronic data processing and telecommunications plan jointly with the Department in accordance with Section 7-112.
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|
The provisions of Public Act 89-370 amending subsection (G)
of this Section apply to causes of action filed on or after January 1, 1996.
(Source: P.A. 103-326, eff. 1-1-24 .)
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