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Full Text of HB5068
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HB5068 - 104th General Assembly
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House Amendment 001
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HB5068 Engrossed
LRB104 20022 JRC 33473 b
1
AN ACT concerning civil law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Human Rights Act is amended by
5
changing Section 7A-102 as follows:
6
(775 ILCS 5/7A-102)
(from Ch. 68, par. 7A-102)
7
Sec. 7A-102.
Procedures.
8
(A) Charge.
9
(1) Within 2 years after the date that a civil rights
10
violation allegedly has been committed, a charge in
11
writing under oath or affirmation may be filed with the
12
Department by an aggrieved party or issued by the
13
Department itself under the signature of the Director.
14
(2) The charge shall be in such detail as to
15
substantially apprise any party properly concerned as to
16
the time, place, and facts surrounding the alleged civil
17
rights violation.
18
(3) Charges deemed filed with the Department pursuant
19
to subsection (A-1) of this Section shall be deemed to be
20
in compliance with this subsection.
21
(A-1) Equal Employment Opportunity Commission Charges.
22
(1) If a charge is filed with the Equal Employment
23
Opportunity Commission (EEOC) within 300 calendar days
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
after the date of the alleged civil rights violation, the
2
charge shall be deemed filed with the Department on the
3
date filed with the EEOC. If the EEOC is the governmental
4
agency designated to investigate the charge first, the
5
Department shall take no action until the EEOC makes a
6
determination on the charge and after the complainant
7
notifies the Department of the EEOC's determination. In
8
such cases, after receiving notice
from the EEOC
that a
9
charge was filed
with the EEOC
, the Department shall
10
notify the parties that (i) a charge has been received by
11
the EEOC and has been sent to the Department for dual
12
filing purposes; (ii) the EEOC is the governmental agency
13
responsible for investigating the charge and that the
14
investigation shall be conducted pursuant to the rules and
15
procedures adopted by the EEOC; (iii) it will take no
16
action on the charge until the EEOC issues its
17
determination; (iv) the complainant must submit a copy of
18
the EEOC's determination within 30 days after service of
19
the determination by the EEOC on the complainant
and may
20
request a Departmental notice of right to sue when
21
submitting the EEOC's determination
; and (v) that the time
22
period to investigate the charge contained in subsection
23
(G) of this Section is tolled from the date on which the
24
charge is filed with the EEOC until the EEOC issues its
25
determination.
26
(2) If the EEOC finds reasonable cause to believe that
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
there has been a violation of federal law and if the
2
Department is timely notified of the EEOC's findings by
3
the complainant, the Department shall notify the
4
complainant that the Department has adopted the EEOC's
5
determination of reasonable cause and that the complainant
6
has the right, within 90 days after receipt of the
7
Department's notice, to either file the complainant's own
8
complaint with the Illinois Human Rights Commission or
9
commence a civil action in the appropriate circuit court
10
or other appropriate court of competent jurisdiction. This
11
notice shall be provided to the complainant within 10
12
business days after the Department's receipt of the EEOC's
13
determination. The Department's notice to the complainant
14
that the Department has adopted the EEOC's determination
15
of reasonable cause shall constitute the Department's
16
Report for purposes of subparagraph (D) of this Section.
17
(3) For those charges alleging violations within the
18
jurisdiction of both the EEOC and the Department and for
19
which the EEOC either (i) does not issue a determination,
20
but does issue the complainant a notice of a right to sue,
21
including when the right to sue is issued at the request of
22
the complainant, or (ii) determines that it is unable to
23
establish that illegal discrimination has occurred and
24
issues the complainant a right to sue notice, and if the
25
Department is timely notified of the EEOC's determination
26
by the complainant, the Department shall
proceed as
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
follows:
2
(a) If the complainant timely notifies the
3
Department of the EEOC's determination and also
4
requests in writing that the Department issue a
5
Departmental notice of right to sue, then the
6
Department shall issue the notice within 10 business
7
days after the receipt of the EEOC's determination and
8
request from the complainant.
9
(b) If the complainant does not submit the written
10
request mentioned in (A-1)(3)(a) when notifying the
11
Department of the EEOC's determination, then the
12
Department shall inform
notify
the parties, within 10
13
business days after receipt of the EEOC's
14
determination, that the Department will
issue a
15
Departmental notice of right to sue
adopt the EEOC's
16
determination as a dismissal for lack of substantial
17
evidence
unless the complainant requests in writing
18
within 35 days after receipt
of the Department's
19
notice
that the Department review the EEOC's
20
determination.
21
(i)
(a)
If the complainant does not file a
22
written request with the Department to review the
23
EEOC's determination within 35 days after receipt
24
of the Department's notice
, the Department shall
25
issue to
notify
the complainant, within 10
26
business days after the expiration of the 35-day
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
period,
a Departmental notice of right to sue
that
2
the decision of the EEOC has been adopted by the
3
Department as a dismissal for lack of substantial
4
evidence and
that the complainant has the right,
5
within 90 days after receipt of the Department's
6
notice, to
either file the complainant's own
7
complaint with the Human Rights Commission or
8
commence a civil action in the appropriate circuit
9
court or other appropriate court of competent
10
jurisdiction.
The Department's notice to the
11
complainant that the Department has adopted the
12
EEOC's determination shall constitute the
13
Department's report for purposes of subparagraph
14
(D) of this Section.
15
(ii)
(b)
If the complainant does file a
16
written request with the Department to review the
17
EEOC's determination, the Department shall review
18
the EEOC's determination and
may review any
19
information submitted by the complainant with the
20
written request and
any evidence obtained by the
21
EEOC during its investigation. If, after
such
22
review
reviewing the EEOC's determination and any
23
evidence obtained by the EEOC,
the Department
24
determines there is no need for further
25
investigation of the charge, the Department shall
26
issue a report and the Director shall determine
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
whether there is substantial evidence that the
2
alleged civil rights violation has been committed
3
pursuant to subsection (D) of this Section. If,
4
after
such review
reviewing the EEOC's
5
determination and any evidence obtained by the
6
EEOC,
the Department determines there is a need
7
for further investigation of the charge, the
8
Department may conduct any further investigation
9
it deems necessary. After
reviewing the EEOC's
10
determination, the evidence obtained by the EEOC,
11
and
any additional investigation conducted by the
12
Department, the Department shall issue a report
13
and the Director shall determine whether there is
14
substantial evidence that the alleged civil rights
15
violation has been committed pursuant to
16
subsection (D) of this Section.
17
(4) Pursuant to this Section, if the EEOC dismisses
18
the charge or a portion of the charge of discrimination
19
because, under federal law, the EEOC lacks jurisdiction
20
over the charge, and if, under this Act, the Department
21
has jurisdiction over the charge of discrimination, the
22
Department shall investigate the charge or portion of the
23
charge dismissed by the EEOC for lack of jurisdiction
24
pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
25
(E), (F), (G), (H), (I), (J), and (K) of this Section.
26
(5) The time limit set out in subsection (G) of this
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
Section is tolled from the date on which the charge is
2
filed with the EEOC to the date on which the EEOC issues
3
its determination.
4
(6) The failure of the Department to meet the
5
10-business-day notification deadlines set out in
6
paragraph (2) of this subsection shall not impair the
7
rights of any party.
8
(B) Notice and Response to Charge. The Department shall,
9
within 10 days of the date on which the charge was filed, serve
10
a copy of the charge on the respondent and provide all parties
11
with a notice of the complainant's right to opt out of the
12
investigation within 60 days
to commence an action in circuit
13
court
as set forth in subsection (C-1)
and the complainant's
14
right to request a Departmental notice of right to sue after 60
15
days as set forth in subsection (C-2)
. This period shall not be
16
construed to be jurisdictional. The charging party and the
17
respondent may each file a position statement and other
18
materials with the Department regarding the charge of alleged
19
discrimination within 60 days of receipt of the notice of the
20
charge. The position statements and other materials filed
21
shall remain confidential unless otherwise agreed to by the
22
party providing the information and shall not be served on or
23
made available to the other party during the pendency of a
24
charge with the Department. The Department may require the
25
respondent to file a response to the allegations contained in
26
the charge. Upon the Department's request, the respondent
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
shall file a response to the charge within 60 days and shall
2
serve a copy of its response on the complainant or the
3
complainant's representative. Notwithstanding any request from
4
the Department, the respondent may elect to file a response to
5
the charge within 60 days of receipt of notice of the charge,
6
provided the respondent serves a copy of its response on the
7
complainant or the complainant's representative. All
8
allegations contained in the charge not denied by the
9
respondent within 60 days of the Department's request for a
10
response may be deemed admitted, unless the respondent states
11
that it is without sufficient information to form a belief
12
with respect to such allegation. The Department may issue a
13
notice of default directed to any respondent who fails to file
14
a response to a charge within 60 days of receipt of the
15
Department's request, unless the respondent can demonstrate
16
good cause as to why such notice should not issue. The term
17
"good cause" shall be defined by rule promulgated by the
18
Department. Within 30 days of receipt of the respondent's
19
response, the complainant may file a reply to said response
20
and shall serve a copy of said reply on the respondent or the
21
respondent's representative. A party shall have the right to
22
supplement the party's response or reply at any time that the
23
investigation of the charge is pending. The Department shall,
24
within 10 days of the date on which the charge was filed, and
25
again no later than 335 days thereafter
if the Department has
26
not issued its report or otherwise closed or dismissed the
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
charge in accordance with this Act
, send by certified or
2
registered mail, or electronic mail if elected by the party,
3
written notice to the complainant and to the respondent
4
informing the complainant of the complainant's
right to
5
request a Departmental notice of right to sue under subsection
6
(C-2) and the complainant's right
rights
to either file a
7
complaint with the Human Rights Commission or commence a civil
8
action in the appropriate circuit court under subparagraph (2)
9
of paragraph (G), including in such notice the dates within
10
which the complainant may exercise these rights. In the notice
11
the Department shall notify the complainant that the charge of
12
civil rights violation will be dismissed with prejudice and
13
with no right to further proceed if a written complaint is not
14
timely filed with the Commission or with the appropriate
15
circuit court by the complainant pursuant to subparagraph (2)
16
of paragraph (G) or by the Department pursuant to subparagraph
17
(1) of paragraph (G).
18
(B-1) Mediation. The complainant and respondent may agree
19
to voluntarily submit the charge to mediation without waiving
20
any rights that are otherwise available to either party
21
pursuant to this Act and without incurring any obligation to
22
accept the result of the mediation process. Nothing occurring
23
in mediation shall be disclosed by the Department or
24
admissible in evidence in any subsequent proceeding unless the
25
complainant and the respondent agree in writing that such
26
disclosure be made.
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
(C) Investigation.
2
(1) The Department shall conduct an investigation
3
sufficient to determine whether the allegations set forth
4
in the charge are supported by substantial evidence unless
5
the complainant elects to opt out of an investigation
6
pursuant to subsection (C-1).
7
(2) The Director or the Director's designated
8
representatives shall have authority to request any member
9
of the Commission to issue subpoenas to compel the
10
attendance of a witness or the production for examination
11
of any books, records or documents whatsoever.
12
(3) If any witness whose testimony is required for any
13
investigation resides outside the State, or through
14
illness or any other good cause as determined by the
15
Director is unable to be interviewed by the investigator
16
or appear at a fact finding conference, the witness'
17
testimony or deposition may be taken, within or without
18
the State, in the same manner as is provided for in the
19
taking of depositions in civil cases in circuit courts.
20
(4) Upon reasonable notice to the complainant and the
21
respondent, the Department in its discretion may conduct a
22
fact finding conference. If the complainant and respondent
23
both submit a written request for a fact finding
24
conference prior to 90 days after the date on which the
25
charge was filed, the Department shall conduct a fact
26
finding conference unless prior to the Department's
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
receipt of both requests, the Department has issued its
2
report. Any request for a fact finding conference must
3
include the party's written agreement to grant an
4
extension of 120 days to the time period if requested by
5
the Department to issue its report. If the Department
6
conducts a fact finding conference, a complainant or
7
respondent's failure to attend the conference without good
8
cause shall result in dismissal or default. The term "good
9
cause" shall be defined by rule promulgated by the
10
Department. A notice of dismissal or default shall be
11
issued by the Director. The notice of default issued by
12
the Director shall notify the respondent that a request
13
for review may be filed in writing with the Commission
14
within 30 days of receipt of notice of default. The notice
15
of dismissal issued by the Director shall give the
16
complainant notice of the complainant's right to seek
17
review of the dismissal before the Human Rights Commission
18
or commence a civil action in the appropriate circuit
19
court. If the complainant chooses to have the Human Rights
20
Commission review the dismissal order, the complainant
21
shall file a request for review with the Commission within
22
90 days after receipt of the Director's notice. If the
23
complainant chooses to file a request for review with the
24
Commission, the complainant may not later commence a civil
25
action in a circuit court. If the complainant chooses to
26
commence a civil action in a circuit court, the
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
complainant must do so within 90 days after receipt of the
2
Director's notice.
3
(C-1) Opt out of Department's investigation. At any time
4
within 60 days after receipt of notice of the right to opt out,
5
or request a Departmental notice of right to sue,
a
6
complainant may submit a written request seeking notice from
7
the Director indicating that the complainant has opted out of
8
the investigation and may commence a civil action in the
9
appropriate circuit court or other appropriate court of
10
competent jurisdiction. Within 10 business days of receipt of
11
the complainant's
timely
request to opt out of the
12
investigation, the Director shall issue
an opt-out
a
notice to
13
commence an action in circuit court to
the parties stating
14
that: (i) the complainant has exercised the right to opt out of
15
the investigation; (ii) the complainant has 90 days after
16
receipt of the Director's notice to commence an action in the
17
appropriate circuit court or other appropriate court of
18
competent jurisdiction; and (iii) the Department has ceased
19
its investigation and is administratively closing the charge.
20
The complainant shall notify the Department that a complaint
21
has been filed with the appropriate circuit court by serving a
22
copy of the complaint on the chief legal counsel of the
23
Department within 21 days from the date that the complaint is
24
filed with the appropriate circuit court. This 21-day period
25
for service on the chief legal counsel shall not be construed
26
to be jurisdictional. Once a complainant has opted out of the
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
investigation under this subsection, the complainant may not
2
file or refile a substantially similar charge with the
3
Department arising from the same incident of unlawful
4
discrimination or harassment.
If the Department receives a
5
written request from the complainant to opt out of the
6
investigation after the 60-day opt-out time period has
7
elapsed, the Department shall process the request as a request
8
for a Departmental notice of right to sue pursuant to (C-2).
9
(C-2) Right to request Departmental notice of right to
10
sue. At any time after the opt-out time period has elapsed as
11
defined in subsection (C-1), a complainant may submit a
12
written request seeking a Departmental notice of right to sue.
13
The decision to issue such notice shall be at the Department's
14
discretion. If more than 365 days has elapsed after the charge
15
is filed, or any such longer period agreed to in writing by all
16
the parties, the complainant may exercise the complainant's
17
rights to either file a complaint with the Human Rights
18
Commission or commence a civil action in the appropriate
19
circuit court under subparagraph (2) of paragraph (G) without
20
requesting or obtaining a Departmental notice of right to sue.
21
(D) Report.
22
(1) Each charge investigated under subsection (C)
23
shall be the subject of a report to the Director. The
24
report shall be a confidential document subject to review
25
by the Director, authorized Department employees, the
26
parties, and, where indicated by this Act, members of the
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
Commission or their designated hearing officers.
2
(2) Upon review of the report, the Director shall
3
determine whether there is substantial evidence that the
4
alleged civil rights violation has been committed. The
5
determination of substantial evidence is limited to
6
determining the need for further consideration of the
7
charge pursuant to this Act and includes, but is not
8
limited to, findings of fact and conclusions, as well as
9
the reasons for the determinations on all material issues.
10
Substantial evidence is evidence which a reasonable mind
11
accepts as sufficient to support a particular conclusion
12
and which consists of more than a mere scintilla but may be
13
somewhat less than a preponderance.
14
(3) If the Director determines that there is no
15
substantial evidence, the charge shall be dismissed by the
16
Director and the Director shall give the complainant
17
notice of the complainant's right to seek review of the
18
notice of dismissal before the Commission or commence a
19
civil action in the appropriate circuit court. If the
20
complainant chooses to have the Human Rights Commission
21
review the notice of dismissal, the complainant shall file
22
a request for review with the Commission within 90 days
23
after receipt of the Director's notice. If the complainant
24
chooses to file a request for review with the Commission,
25
the complainant may not later commence a civil action in a
26
circuit court. If the complainant chooses to commence a
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
civil action in a circuit court, the complainant must do
2
so within 90 days after receipt of the Director's notice.
3
The complainant shall notify the Department that a
4
complaint has been filed by serving a copy of the
5
complaint on the chief legal counsel of the Department
6
within 21 days from the date that the complaint is filed in
7
circuit court. This 21-day period for service on the chief
8
legal counsel shall not be construed to be jurisdictional.
9
(4) If the Director determines that there is
10
substantial evidence, the Director shall notify the
11
complainant and respondent of that determination. The
12
Director shall also notify the parties that the
13
complainant has the right to either commence a civil
14
action in the appropriate circuit court or request that
15
the Department of Human Rights file a complaint with the
16
Human Rights Commission on the complainant's behalf. Any
17
such complaint shall be filed within 90 days after receipt
18
of the Director's notice. If the complainant chooses to
19
have the Department file a complaint with the Human Rights
20
Commission on the complainant's behalf, the complainant
21
must, within 30 days after receipt of the Director's
22
notice, request in writing that the Department file the
23
complaint. If the complainant timely requests that the
24
Department file the complaint, the Department shall file
25
the complaint on the complainant's behalf. If the
26
complainant fails to timely request that the Department
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
file the complaint, the complainant may file the
2
complainant's complaint with the Commission or commence a
3
civil action in the appropriate circuit court. If the
4
complainant files a complaint with the Human Rights
5
Commission, the complainant shall notify the Department
6
that a complaint has been filed by serving a copy of the
7
complaint on the chief legal counsel of the Department
8
within 21 days from the date that the complaint is filed
9
with the Human Rights Commission. This 21-day period for
10
service on the chief legal counsel shall not be construed
11
to be jurisdictional.
12
(5) A Departmental notice of right to sue may
13
constitute the Department's report for purposes of this
14
subparagraph and does not constitute a finding of
15
substantial evidence or a lack of substantial evidence.
16
Any Departmental notice of right to sue shall state that
17
the complainant shall have 90 days to either file the
18
complainant's own complaint with the Human Rights
19
Commission or commence a civil action in the appropriate
20
circuit court or other appropriate court of competent
21
jurisdiction. If the complainant chooses to file a
22
complaint with the Human Rights Commission or commence a
23
civil action in the appropriate circuit court or other
24
appropriate court of competent jurisdiction, the
25
complainant must do so within 90 days after receipt of the
26
Departmental notice of right to sue.
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
(E) Conciliation.
2
(1) When there is a finding of substantial evidence,
3
the Department may designate a Department employee who is
4
an attorney licensed to practice in Illinois to endeavor
5
to eliminate the effect of the alleged civil rights
6
violation and to prevent its repetition by means of
7
conference and conciliation.
8
(2) When the Department determines that a formal
9
conciliation conference is necessary, the complainant and
10
respondent shall be notified of the time and place of the
11
conference by registered or certified mail at least 10
12
days prior thereto and either or both parties shall appear
13
at the conference in person or by attorney.
14
(3) The place fixed for the conference shall be within
15
35 miles of the place where the civil rights violation is
16
alleged to have been committed.
17
(4) Nothing occurring at the conference shall be
18
disclosed by the Department unless the complainant and
19
respondent agree in writing that such disclosure be made.
20
(5) The Department's efforts to conciliate the matter
21
shall not stay or extend the time for filing the complaint
22
with the Commission or the circuit court.
23
(F) Complaint.
24
(1) When the complainant requests that the Department
25
file a complaint with the Commission on the complainant's
26
behalf, the Department shall prepare a written complaint,
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
under oath or affirmation, stating the nature of the civil
2
rights violation substantially as alleged in the charge
3
previously filed and the relief sought on behalf of the
4
aggrieved party. The Department shall file the complaint
5
with the Commission.
6
(1.5) If the complainant chooses to file a complaint
7
with the Commission without the Department's assistance,
8
the complainant shall notify the Department that a
9
complaint has been filed by serving a copy of the
10
complaint on the chief legal counsel of the Department
11
within 21 days from the date that the complaint is filed
12
with the Human Rights Commission. This 21-day period for
13
service on the chief legal counsel shall not be construed
14
to be jurisdictional.
15
(2) If the complainant chooses to commence a civil
16
action in a circuit court:
17
(i) The complainant shall file the civil action in
18
the circuit court in the county wherein the civil
19
rights violation was allegedly committed.
20
(ii) The form of the complaint in any such civil
21
action shall be in accordance with the Code of Civil
22
Procedure.
23
(iii) The complainant shall notify the Department
24
that a complaint has been filed by serving a copy of
25
the complaint on the chief legal counsel of the
26
Department within 21 days from
the
date that the
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
complaint is filed in circuit court. This 21-day
2
period for service on the chief legal counsel shall
3
not be construed to be jurisdictional.
4
(G) Time Limit.
5
(1) When a charge of a civil rights violation has been
6
properly filed, the Department, within 365 days thereof or
7
within any extension of that period agreed to in writing
8
by all parties, shall issue its report as required by
9
subparagraph (D). Any such report shall be duly served
10
upon both the complainant and the respondent.
11
(2) If the Department has not issued its report
or
12
otherwise closed or dismissed the charge in accordance
13
with this Act
within 365 days after the charge is filed, or
14
any such longer period agreed to in writing by all the
15
parties, the complainant shall have 90 days to either file
16
the complainant's own complaint with the Human Rights
17
Commission or commence a civil action in the appropriate
18
circuit court. If the complainant files a complaint with
19
the Commission, the form of the complaint shall be in
20
accordance with the provisions of paragraph (F)(1). If the
21
complainant commences a civil action in a circuit court,
22
the form of the complaint shall be in accordance with the
23
Code of Civil Procedure. The aggrieved party shall notify
24
the Department that a complaint has been filed by serving
25
a copy of the complaint on the chief legal counsel of the
26
Department
within
with
21 days from the date that the
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LRB104 20022 JRC 33473 b
1
complaint is filed with the Commission or in circuit
2
court. This 21-day period for service on the chief legal
3
counsel shall not be construed to be jurisdictional. If
4
the complainant files a complaint with the Commission, the
5
complainant may not later commence a civil action in
6
circuit court.
7
(3) If an aggrieved party files a complaint with the
8
Human Rights Commission or commences a civil action in
9
circuit court pursuant to paragraph (2) of this
10
subsection, or if the time period for filing a complaint
11
has expired, the Department shall immediately cease its
12
investigation and dismiss the charge of civil rights
13
violation. Any final order entered by the Commission under
14
this Section is appealable in accordance with paragraph
15
(B)(1) of Section 8-111. Failure to immediately cease an
16
investigation and dismiss the charge of civil rights
17
violation as provided in this paragraph (3) constitutes
18
grounds for entry of an order by the circuit court
19
permanently enjoining the investigation. The Department
20
may also be liable for any costs and other damages
21
incurred by the respondent as a result of the action of the
22
Department.
23
(4) (Blank).
24
(H) Public Act 89-370 applies to causes of action filed on
25
or after January 1, 1996.
26
(I) Public Act 89-520 applies to causes of action filed on
HB5068 Engrossed
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LRB104 20022 JRC 33473 b
1
or after January 1, 1996.
2
(J) The changes made to this Section by Public Act 95-243
3
apply to charges filed on or after the effective date of those
4
changes.
5
(K) The changes made to this Section by Public Act 96-876
6
apply to charges filed on or after the effective date of those
7
changes.
8
(L) The changes made to this Section by Public Act
9
100-1066 apply to charges filed on or after August 24, 2018
10
(the effective date of Public Act 100-1066).
11
(M) The changes made to this Section by
Public Act 104-425
12
this amendatory Act of the 104th General Assembly
apply to
13
charges pending or filed on or after
January 1, 2026 (
the
14
effective date
of Public Act 104-425)
this amendatory Act of
15
the 104th General Assembly
.
16
(Source: P.A. 103-335, eff. 1-1-24; 103-973, eff. 1-1-25;
17
104-425, eff. 1-1-26; revised 12-12-25.)
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