Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

HUMAN RIGHTS
(775 ILCS 5/) Illinois Human Rights Act.

775 ILCS 5/8-103

    (775 ILCS 5/8-103) (from Ch. 68, par. 8-103)
    Sec. 8-103. Request for review.
    (A) Jurisdiction. The Commission, through a panel of 3 members, shall have jurisdiction to hear and determine requests for review of (1) decisions of the Department to dismiss a charge; and (2) notices of default issued by the Department.
    In each instance, the Department shall be the respondent. The respondent on the charge, in the case of dismissal, or the complainant, in the case of default, may file a response to the request for review.
    (B) Review. When a request for review is properly filed, the Commission may consider the Department's report, any argument and supplemental evidence timely submitted, and the results of any additional investigation conducted by the Department in response to the request. In its discretion, the Commission may designate a hearing officer to conduct a hearing into the factual basis of the matter at issue. Within 120 days after the effective date of this amendatory Act of the 100th General Assembly, the Commission shall adopt rules of minimum standards for the contents of responses to requests for review, including, but not limited to, proposed statements of uncontested facts and proposed statements of the legal issues.
    (C) Default Order. When a respondent fails to file a timely request for review of a notice of default, or the default is sustained on review, the Commission shall enter a default order and notify the parties that the complainant has the right to either commence a civil action in the appropriate circuit court to determine the complainant's damages or request that the Commission set a hearing on damages before one of its hearing officers. The complainant shall have 90 days after receipt of the Commission's default order to either commence a civil action in the appropriate circuit court or request that the Commission set a hearing on damages.
    (D) Time Period Toll. Proceedings on requests for review shall toll the time limitation established in paragraph (G) of Section 7A-102 from the date on which the Department's notice of dismissal or default is issued until 30 days after the date on which the Commission's order is served on the chief legal counsel of the Department.
    (E) The changes made to this Section by Public Act 95-243 apply to charges or complaints filed with the Department or Commission on or after the effective date of those changes.
    (F) The changes made to this Section by this amendatory Act of the 96th General Assembly apply to charges or complaints filed with the Department or Commission on or after the effective date of those changes.
    (G) The changes made to this Section by this amendatory Act of the 100th General Assembly apply to charges filed or pending with the Department or Commission on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 103-335, eff. 1-1-24.)

775 ILCS 5/8-104

    (775 ILCS 5/8-104) (from Ch. 68, par. 8-104)
    Sec. 8-104. Compulsory Process.
    (A) Subpoenas. Any member of the Commission may issue a subpoena:
        (1) At the request of the Department to facilitate
    
its investigation; or
        (2) At the request of a party to a proceeding which
    
is the subject of a complaint pending before the Commission.
    (B) Form. The subpoena shall be on a form prescribed by the Commission in its rules and regulations, and a copy of the subpoena shall be served upon all parties of record by the party requesting the subpoena.
    (C) Content. A subpoena may be issued when necessary to compel the attendance of a witness or to require the production for examination of any relevant books, records or documents whatsoever.
    (D) Contests.
        (1) On motion of the person to whom the subpoena is
    
directed or a party, and for good cause shown the Commission or the hearing officer presiding in the case may quash or modify any subpoena;
        (2) In the case of a subpoena duces tecum issued and
    
served at the request of the Department, the Commission or the hearing officer presiding in the case shall upon request order the Department to pay the reasonable expense of producing or providing any item specified in the subpoena.
    (E) Enforcement.
        (1) When anyone fails or refuses to obey a subpoena,
    
the Commission, through a panel of 3 members, shall authorize Commission staff to prepare and file a petition for enforcement in the circuit court of the county in which the person to whom the subpoena was directed resides or has his or her principal place of business.
        (2) Not less than five days before the petition is
    
filed in the appropriate court, it shall be served on the person along with a notice of the time and place the petition is to be presented.
        (3) Following a hearing on the petition, the circuit
    
courts shall have jurisdiction to enforce subpoenas issued pursuant to this Section.
    (F) Witnesses.
        (1) If any witness whose testimony is required for
    
hearing resides outside the state, or through illness or any other good cause as determined by the hearing officer is unable to testify at the hearing, his or her 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.
        (2) Witnesses subject to subpoena shall be paid the
    
same fees and mileage as are paid witnesses in the circuit courts of this state, and witnesses whose depositions are taken or the person taking them shall be entitled to the same fees as are paid for like services in the circuit courts of this State.
    (G) Service of Process.
        (1) Except as otherwise provided in this Act,
    
complaints, orders and other process and proper papers shall be served in accordance with such rules and regulations as the Commission may from time to time prescribe. The verified return of the individual making service in accordance with this Section and setting forth the manner of such service shall constitute proof of service.
        (2) For the purposes of this Act, any documents
    
served upon any officer of a labor organization shall be sufficient to acquire jurisdiction against such labor organization, or labor union, or voluntary unincorporated union association, and all of its officers, members and representatives.
(Source: P.A. 89-370, eff. 8-18-95.)

775 ILCS 5/8-105

    (775 ILCS 5/8-105) (from Ch. 68, par. 8-105)
    Sec. 8-105. Settlement.
    (A) Approval.
        (1) When a proposed settlement is submitted by the
    
Department, the Commission, through a panel of 3 members, shall determine whether to approve its terms and conditions.
        (2) A settlement of any complaint and its underlying
    
charge or charges may be effectuated at any time upon agreement of the parties, with or without the Commission's approval, and shall act as a full and final resolution of the matter. If the parties desire that the Commission retain jurisdiction over the matter for purposes of enforcing the terms of the settlement, the terms shall be reduced to writing, signed by the parties, and submitted to the Commission for approval. The Commission, through a panel of 3 members, shall determine whether to approve the settlement.
        (3) Approval of the settlement shall be accomplished
    
by an order, served on the parties and the Department, in accord with the written terms of the settlement.
    (B) Violation. When the Department files notice of a settlement order violation, the Commission, through a panel of three members, may either order the Department to seek enforcement of the settlement order pursuant to paragraph (C) of Section 8-111 or remand for any type of hearing as it may deem necessary pursuant to paragraph (D) of Section 8A-103.
    (C) Dismissal for Refusal to Accept Settlement Offer. The Commission shall dismiss a complaint and the underlying charge or charges of the complaint if the Commission is satisfied that:
        1. the respondent has eliminated the effects of the
    
civil rights violation charged and taken steps to prevent repetition of the violation; or
        2. the respondent offers and the complainant declines
    
to accept the terms of settlement that the Commission determines are sufficient to eliminate the effect of the civil rights violation charged and to prevent repetition of the violation.
    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 Commission 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.
    At any time after the service of a complaint pursuant to Section 8A-102 of this Act, and prior to service of a decision prepared pursuant to Section 8A-102(I), a respondent may move for a recommended order dismissing a complaint and the underlying charge or charges for complainant's refusal to accept terms of settlement that are sufficient to eliminate the effects of the civil rights violation charged in the complaint and to eliminate repetition of the violation. Respondent's motion and complainant's reply, if any, shall comply with the requirements for summary decision set forth in Section 8-106.1 of this Act.
    (D) This amendatory Act of 1996 applies to causes of action filed on or after January 1, 1996.
(Source: P.A. 101-661, eff. 4-2-21.)

775 ILCS 5/8-106

    (775 ILCS 5/8-106)
    Sec. 8-106. (Renumbered).
(Source: Renumbered by P.A. 86-910, eff. 9-11-89.)

775 ILCS 5/8-106.1

    (775 ILCS 5/8-106.1) (from Ch. 68, par. 8-106.1)
    Sec. 8-106.1. Summary Decision.
    (1) At any time after the service of a complaint and prior to service of a decision pursuant to Section 8A-102(I) or 8B-102(J), complainant or respondent may move with or without supporting affidavits for a summary order in the moving party's favor as to all or any part of the relief sought. A hearing officer may not preclude the filing of said motion except within the 60-day period prior to hearing on the merits of the complaint.
    (2) Procedure. The non-moving party may file counteraffidavits prior to the time of the ruling on the motion. The hearing officer shall decide the motion without delay and shall grant it if the pleadings and affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a recommended order as a matter of law. The term "without delay" shall be defined by rule promulgated by the Commission. An interim summary recommended order, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the relief to be awarded.
    (3) Affidavits or Motions Made in Bad Faith. If it appears to the satisfaction of the hearing officer at any time that any affidavit or motion presented pursuant to this Section is presented in bad faith or solely for the purpose of delay, the hearing officer may recommend that the party employing the use of affidavits for dilatory purposes shall pay to the other party the amount of reasonable expenses incurred as a result of the filing of the affidavit or motion, including reasonable attorney's fees.
(Source: P.A. 101-661, eff. 4-2-21.)

775 ILCS 5/8-107

    (775 ILCS 5/8-107)
    Sec. 8-107. (Renumbered).
(Source: Renumbered by P.A. 86-910, eff. 9-11-89.)