Public Act 102-0362
 
SB1561 EnrolledLRB102 17210 LNS 22668 b

    AN ACT concerning human rights.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Human Rights Act is amended by
changing Sections 1-103, 2-105, 5A-101.1, 6-101, 7A-101,
7B-101, 7B-102, 8A-101, and 8B-101 and by adding Sections
3-102.10 and 6-101.5 as follows:
 
    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
    Sec. 1-103. General definitions. When used in this Act,
unless the context requires otherwise, the term:
    (A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training
or apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
    (B) Aggrieved party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
    (B-5) Arrest record. "Arrest record" means:
        (1) an arrest not leading to a conviction;
        (2) a juvenile record; or
        (3) criminal history record information ordered
    expunged, sealed, or impounded under Section 5.2 of the
    Criminal Identification Act.
    (C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the
Department under its authority.
    (D) Civil rights violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-102.10 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
5A-102, 6-101, 6-101.5, and 6-102 of this Act.
    (E) Commission. "Commission" means the Human Rights
Commission created by this Act.
    (F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
    (G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
    (H) Department. "Department" means the Department of Human
Rights created by this Act.
    (I) Disability. "Disability" means a determinable physical
or mental characteristic of a person, including, but not
limited to, a determinable physical characteristic which
necessitates the person's use of a guide, hearing or support
dog, the history of such characteristic, or the perception of
such characteristic by the person complained against, which
may result from disease, injury, congenital condition of birth
or functional disorder and which characteristic:
        (1) For purposes of Article 2, is unrelated to the
    person's ability to perform the duties of a particular job
    or position and, pursuant to Section 2-104 of this Act, a
    person's illegal use of drugs or alcohol is not a
    disability;
        (2) For purposes of Article 3, is unrelated to the
    person's ability to acquire, rent, or maintain a housing
    accommodation;
        (3) For purposes of Article 4, is unrelated to a
    person's ability to repay;
        (4) For purposes of Article 5, is unrelated to a
    person's ability to utilize and benefit from a place of
    public accommodation;
        (5) For purposes of Article 5, also includes any
    mental, psychological, or developmental disability,
    including autism spectrum disorders.
    (J) Marital status. "Marital status" means the legal
status of being married, single, separated, divorced, or
widowed.
    (J-1) Military status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve,
United States Marine Corps Reserve, United States Navy
Reserve, United States Air Force Reserve, and United States
Coast Guard Reserve, or status as a current member or veteran
of the Illinois Army National Guard or Illinois Air National
Guard.
    (K) National origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
    (K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection
issued pursuant to the Illinois Domestic Violence Act of 1986,
Article 112A of the Code of Criminal Procedure of 1963, the
Stalking No Contact Order Act, or the Civil No Contact Order
Act, or an order of protection issued by a court of another
state.
    (L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,
or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth.
    (M) Public contract. "Public contract" includes every
contract to which the State, any of its political
subdivisions, or any municipal corporation is a party.
    (N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2,
"religion" has the meaning ascribed to it in paragraph (F) of
Section 2-101.
    (O) Sex. "Sex" means the status of being male or female.
    (O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
    (P) Unfavorable military discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components, or any National Guard
or Naval Militia which are classified as RE-3 or the
equivalent thereof, but does not include those characterized
as RE-4 or "Dishonorable".
    (Q) Unlawful discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her
actual or perceived: race, color, religion, national origin,
ancestry, age, sex, marital status, order of protection
status, disability, military status, sexual orientation,
pregnancy, or unfavorable discharge from military service as
those terms are defined in this Section.
(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
 
    (775 ILCS 5/2-105)  (from Ch. 68, par. 2-105)
    Sec. 2-105. Equal Employment Opportunities; Affirmative
Action.
    (A) Public Contracts. Every party to a public contract and
every eligible bidder shall:
        (1) Refrain from unlawful discrimination and
    discrimination based on citizenship status in employment
    and undertake affirmative action to assure equality of
    employment opportunity and eliminate the effects of past
    discrimination;
        (2) Comply with the procedures and requirements of the
    Department's regulations concerning equal employment
    opportunities and affirmative action;
        (3) Provide such information, with respect to its
    employees and applicants for employment, and assistance as
    the Department may reasonably request;
        (4) Have written sexual harassment policies that shall
    include, at a minimum, the following information: (i) the
    illegality of sexual harassment; (ii) the definition of
    sexual harassment under State law; (iii) a description of
    sexual harassment, utilizing examples; (iv) the vendor's
    internal complaint process including penalties; (v) the
    legal recourse, investigative and complaint process
    available through the Department and the Commission; (vi)
    directions on how to contact the Department and
    Commission; and (vii) protection against retaliation as
    provided by Sections Section 6-101 and 6-101.5 of this
    Act. A copy of the policies shall be provided to the
    Department upon request. Additionally, each bidder who
    submits a bid or offer for a State contract under the
    Illinois Procurement Code shall have a written copy of the
    bidder's sexual harassment policy as required under this
    paragraph (4). A copy of the policy shall be provided to
    the State agency entering into the contract upon request.
    (B) State Agencies. Every State executive department,
State agency, board, commission, and instrumentality shall:
        (1) Comply with the procedures and requirements of the
    Department's regulations concerning equal employment
    opportunities and affirmative action;
        (2) Provide such information and assistance as the
    Department may request.
        (3) Establish, maintain, and carry out a continuing
    affirmative action plan consistent with this Act and the
    regulations of the Department designed to promote equal
    opportunity for all State residents in every aspect of
    agency personnel policy and practice. For purposes of
    these affirmative action plans, the race and national
    origin categories to be included in the plans are:
    American Indian or Alaska Native, Asian, Black or African
    American, Hispanic or Latino, Native Hawaiian or Other
    Pacific Islander.
        This plan shall include a current detailed status
    report:
            (a) indicating, by each position in State service,
        the number, percentage, and average salary of
        individuals employed by race, national origin, sex and
        disability, and any other category that the Department
        may require by rule;
            (b) identifying all positions in which the
        percentage of the people employed by race, national
        origin, sex and disability, and any other category
        that the Department may require by rule, is less than
        four-fifths of the percentage of each of those
        components in the State work force;
            (c) specifying the goals and methods for
        increasing the percentage by race, national origin,
        sex and disability, and any other category that the
        Department may require by rule, in State positions;
            (d) indicating progress and problems toward
        meeting equal employment opportunity goals, including,
        if applicable, but not limited to, Department of
        Central Management Services recruitment efforts,
        publicity, promotions, and use of options designating
        positions by linguistic abilities;
            (e) establishing a numerical hiring goal for the
        employment of qualified persons with disabilities in
        the agency as a whole, to be based on the proportion of
        people with work disabilities in the Illinois labor
        force as reflected in the most recent employment data
        made available by the United States Census Bureau.
        (4) If the agency has 1000 or more employees, appoint
    a full-time Equal Employment Opportunity officer, subject
    to the Department's approval, whose duties shall include:
            (a) Advising the head of the particular State
        agency with respect to the preparation of equal
        employment opportunity programs, procedures,
        regulations, reports, and the agency's affirmative
        action plan.
            (b) Evaluating in writing each fiscal year the
        sufficiency of the total agency program for equal
        employment opportunity and reporting thereon to the
        head of the agency with recommendations as to any
        improvement or correction in recruiting, hiring or
        promotion needed, including remedial or disciplinary
        action with respect to managerial or supervisory
        employees who have failed to cooperate fully or who
        are in violation of the program.
            (c) Making changes in recruitment, training and
        promotion programs and in hiring and promotion
        procedures designed to eliminate discriminatory
        practices when authorized.
            (d) Evaluating tests, employment policies,
        practices and qualifications and reporting to the head
        of the agency and to the Department any policies,
        practices and qualifications that have unequal impact
        by race, national origin as required by Department
        rule, sex or disability or any other category that the
        Department may require by rule, and to assist in the
        recruitment of people in underrepresented
        classifications. This function shall be performed in
        cooperation with the State Department of Central
        Management Services.
            (e) Making any aggrieved employee or applicant for
        employment aware of his or her remedies under this
        Act.
            In any meeting, investigation, negotiation,
        conference, or other proceeding between a State
        employee and an Equal Employment Opportunity officer,
        a State employee (1) who is not covered by a collective
        bargaining agreement and (2) who is the complaining
        party or the subject of such proceeding may be
        accompanied, advised and represented by (1) an
        attorney licensed to practice law in the State of
        Illinois or (2) a representative of an employee
        organization whose membership is composed of employees
        of the State and of which the employee is a member. A
        representative of an employee, other than an attorney,
        may observe but may not actively participate, or
        advise the State employee during the course of such
        meeting, investigation, negotiation, conference or
        other proceeding. Nothing in this Section shall be
        construed to permit any person who is not licensed to
        practice law in Illinois to deliver any legal services
        or otherwise engage in any activities that would
        constitute the unauthorized practice of law. Any
        representative of an employee who is present with the
        consent of the employee, shall not, during or after
        termination of the relationship permitted by this
        Section with the State employee, use or reveal any
        information obtained during the course of the meeting,
        investigation, negotiation, conference or other
        proceeding without the consent of the complaining
        party and any State employee who is the subject of the
        proceeding and pursuant to rules and regulations
        governing confidentiality of such information as
        promulgated by the appropriate State agency.
        Intentional or reckless disclosure of information in
        violation of these confidentiality requirements shall
        constitute a Class B misdemeanor.
        (5) Establish, maintain and carry out a continuing
    sexual harassment program that shall include the
    following:
            (a) Develop a written sexual harassment policy
        that includes at a minimum the following information:
        (i) the illegality of sexual harassment; (ii) the
        definition of sexual harassment under State law; (iii)
        a description of sexual harassment, utilizing
        examples; (iv) the agency's internal complaint process
        including penalties; (v) the legal recourse,
        investigative and complaint process available through
        the Department and the Commission; (vi) directions on
        how to contact the Department and Commission; and
        (vii) protection against retaliation as provided by
        Section 6-101 of this Act. The policy shall be
        reviewed annually.
            (b) Post in a prominent and accessible location
        and distribute in a manner to assure notice to all
        agency employees without exception the agency's sexual
        harassment policy. Such documents may meet, but shall
        not exceed, the 6th grade literacy level. Distribution
        shall be effectuated within 90 days of the effective
        date of this amendatory Act of 1992 and shall occur
        annually thereafter.
            (c) Provide training on sexual harassment
        prevention and the agency's sexual harassment policy
        as a component of all ongoing or new employee training
        programs.
        (6) Notify the Department 30 days before effecting any
    layoff. Once notice is given, the following shall occur:
            (a) No layoff may be effective earlier than 10
        working days after notice to the Department, unless an
        emergency layoff situation exists.
            (b) The State executive department, State agency,
        board, commission, or instrumentality in which the
        layoffs are to occur must notify each employee
        targeted for layoff, the employee's union
        representative (if applicable), and the State
        Dislocated Worker Unit at the Department of Commerce
        and Economic Opportunity.
            (c) The State executive department, State agency,
        board, commission, or instrumentality in which the
        layoffs are to occur must conform to applicable
        collective bargaining agreements.
            (d) The State executive department, State agency,
        board, commission, or instrumentality in which the
        layoffs are to occur should notify each employee
        targeted for layoff that transitional assistance may
        be available to him or her under the Economic
        Dislocation and Worker Adjustment Assistance Act
        administered by the Department of Commerce and
        Economic Opportunity. Failure to give such notice
        shall not invalidate the layoff or postpone its
        effective date.
     As used in this subsection (B), "disability" shall be
defined in rules promulgated under the Illinois Administrative
Procedure Act.
    (C) Civil Rights Violations. It is a civil rights
violation for any public contractor or eligible bidder to:
        (1) fail to comply with the public contractor's or
    eligible bidder's duty to refrain from unlawful
    discrimination and discrimination based on citizenship
    status in employment under subsection (A)(1) of this
    Section; or
        (2) fail to comply with the public contractor's or
    eligible bidder's duties of affirmative action under
    subsection (A) of this Section, provided however, that the
    Department has notified the public contractor or eligible
    bidder in writing by certified mail that the public
    contractor or eligible bidder may not be in compliance
    with affirmative action requirements of subsection (A). A
    minimum of 60 days to comply with the requirements shall
    be afforded to the public contractor or eligible bidder
    before the Department may issue formal notice of
    non-compliance.
    (D) As used in this Section:
        (1) "American Indian or Alaska Native" means a person
    having origins in any of the original peoples of North and
    South America, including Central America, and who
    maintains tribal affiliation or community attachment.
        (2) "Asian" means a person having origins in any of
    the original peoples of the Far East, Southeast Asia, or
    the Indian subcontinent, including, but not limited to,
    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
    the Philippine Islands, Thailand, and Vietnam.
        (3) "Black or African American" means a person having
    origins in any of the black racial groups of Africa. Terms
    such as "Haitian" or "Negro" can be used in addition to
    "Black or African American".
        (4) "Hispanic or Latino" means a person of Cuban,
    Mexican, Puerto Rican, South or Central American, or other
    Spanish culture or origin, regardless of race.
        (5) "Native Hawaiian or Other Pacific Islander" means
    a person having origins in any of the original peoples of
    Hawaii, Guam, Samoa, or other Pacific Islands.
(Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19.)
 
    (775 ILCS 5/3-102.10 new)
    Sec. 3-102.10. Third-party loan modification service
provider.
    (A) It is a civil rights violation for a third-party loan
modification service provider, because of unlawful
discrimination, familial status, or an arrest record, to:
        (1) refuse to engage in loan modification services;
        (2) alter the terms, conditions, or privileges of such
    services; or
        (3) discriminate in making such services available,
    including, but not limited to, by making a statement,
    advertisement, representation, inquiry, listing, offer, or
    solicitation that indicates a preference or the intention
    to make such a preference in making such services
    available.
    (B) For purposes of this Section, "third-party loan
modification service provider" means a person or entity,
whether licensed or not, who, for or with the expectation of
receiving consideration, provides assistance or services to a
loan borrower to obtain a modification to a term of an existing
real estate loan or to obtain foreclosure relief. "Third-party
loan modification service provider" does not include lenders,
brokers or appraisers of mortgage loans, or the servicers,
subsidiaries, affiliates, or agents of the lender.
 
    (775 ILCS 5/5A-101.1)
    Sec. 5A-101.1. Notice.
    (A) Every institution of higher education covered by this
Act shall post in a prominent and accessible location a poster
stating sexual harassment laws and policies. The poster shall
be (i) posted and kept posted at each campus in common area
positions easily accessible to all students including, but not
limited to residence halls, administration buildings, student
unions, cafeterias, and libraries or (ii) posted annually at
each campus in common area positions easily accessible to all
students including, but not limited to, residence halls,
administration buildings, student unions, cafeterias, and
libraries, with an electronic copy of the sexual harassment
laws and policies also sent to each student at the time that
registration materials are emailed or (iii) on campuses that
provide for online registration of student classes, such
information pertaining to sexual harassment laws and policies
may be incorporated into the registration process so that
students must review the policies and laws and acknowledge
such review, prior to being allowed to register. Documents to
be posted shall be retrieved from the Illinois Department of
Human Rights website to satisfy posting requirements. Posting
of the posters shall be effectuated within 90 days of the
effective date of this amendatory Act of the 96th General
Assembly and shall occur annually thereafter.
    (B) The posted sexual harassment poster shall include, at
a minimum, the following information: (i) the illegality of
sexual harassment in higher education; (ii) the definition of
sexual harassment under State law; (iii) a description of
sexual harassment, utilizing examples; (iv) the institution's
internal complaint process including penalties; (v) the legal
recourse, investigative and complaint process available
through the Department of Human Rights; (vi) directions on how
to contact the Department; and (vii) protection against
retaliation as provided by Sections Section 6-101 and 6-101.5
of this Act.
    (C) Upon notification of a failure to post, the Department
of Human Rights may launch a preliminary investigation. If the
Department finds a failure to post, the Department may issue a
notice to show cause giving the institution 30 days to correct
the failure to post. If the failure to post is not corrected,
the Department may initiate a charge of a civil rights
violation.
(Source: P.A. 96-574, eff. 8-18-09.)
 
    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
    Sec. 6-101. Additional civil rights violations under
Articles 2, 4, 5, and 5A Additional Civil Rights Violations.
It is a civil rights violation for a person, or for 2 two or
more persons, to conspire, to:
        (A) Retaliation. Retaliate against a person because he
    or she has opposed that which he or she reasonably and in
    good faith believes to be unlawful discrimination, sexual
    harassment in employment, or sexual harassment in
    elementary, secondary, and higher education, or
    discrimination based on arrest record or citizenship
    status in employment under Articles 2, 4, 5, and 5A,
    because he or she has made a charge, filed a complaint,
    testified, assisted, or participated in an investigation,
    proceeding, or hearing under this Act, or because he or
    she has requested, attempted to request, used, or
    attempted to use a reasonable accommodation as allowed by
    this Act;
        (B) Aiding and Abetting; Coercion. Aid, abet, compel
    or coerce a person to commit any violation of this Act;
        (C) Interference. Wilfully interfere with the
    performance of a duty or the exercise of a power by the
    Commission or one of its members or representatives or the
    Department or one of its officers or employees.
    Definitions. For the purposes of this Section, "sexual
harassment" and "citizenship status" shall have the same
meaning as defined in Section 2-101 of this Act.
(Source: P.A. 97-333, eff. 8-12-11; 98-1050, eff. 1-1-15.)
 
    (775 ILCS 5/6-101.5 new)
    Sec. 6-101.5. Additional civil rights violations under
Article 3. It is a civil rights violation for a person, or for
2 or more persons, to conspire, to:
    (A) retaliate against a person because the person has
opposed that which he or she reasonably and in good faith
believes to be unlawful discrimination or discrimination based
on familial status or arrest record in a real estate
transaction under Article 3, because the person has made a
charge, filed a complaint, testified, assisted, or
participated in an investigation, proceeding, or hearing under
this Act, or because the person has requested, attempted to
request, used, or attempted to use a reasonable accommodation
as allowed by this Act;
    (B) aid, abet, compel, or coerce a person to commit any
violation of this Act; or
    (C) willfully interfere with the performance of a duty or
the exercise of a power by the Commission or one of its members
or representatives or the Department or one of its officers or
employees.
    For the purposes of this Section, "familial status" has
the same meaning as defined in Section 3-101.
 
    (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. 86-910.)
 
    (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. 86-910.)
 
    (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.
        (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.
    (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.
        (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.
    (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.
        (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.
        (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.
        (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.
        (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.
    (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.
            The report shall contain:
            (a) the names and dates of contacts with
        witnesses;
            (b) a summary and the date of correspondence and
        other contacts with the aggrieved party and the
        respondent;
            (c) a summary description of other pertinent
        records;
            (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.
        (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.
            (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.
            (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).
    (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.
        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.
        (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.
        (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.
        (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.
        (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.
        (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.
    (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).
        (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.
    (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.
        (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.
    (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. 100-492, eff. 9-8-17; 100-1066, eff. 8-24-18;
101-530, eff. 1-1-20.)
 
    (775 ILCS 5/8A-101)  (from Ch. 68, par. 8A-101)
    Sec. 8A-101. 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. 86-910.)
 
    (775 ILCS 5/8B-101)  (from Ch. 68, par. 8B-101)
    Sec. 8B-101. Applicability. The procedures and relief
specified in this Article shall apply solely to complaints
filed with the Human Rights Commission under Article 3 and
Section 6-101.5 of Article 6.
(Source: P.A. 86-910.)