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HB5068 • 2026

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Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Margaret A. DeLaRosa
Last action
2026-05-22
Official status
Rule 3-9(a) / Re-referred to Assignments
Effective date
Not listed

Plain English Breakdown

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What This Bill Does

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Amendments

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House Floor Amendment No. 1

Plain English: Illinois General Assembly - Full Text of HB5068 Select Language × The Illinois General Assembly offers the Google Translate™ service for visitor convenience.

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  • In no way should it be considered accurate as to the translation of any content herein.
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Bill History

  1. 2026-05-22 Illinois General Assembly

    Rule 2-10 Committee/3rd Reading Deadline Established As May 31, 2026

  2. 2026-05-22 Illinois General Assembly

    Rule 3-9(a) / Re-referred to Assignments

  3. 2026-05-15 Illinois General Assembly

    Rule 2-10 Committee Deadline Established As May 22, 2026

  4. 2026-05-12 Illinois General Assembly

    Rule 2-10 Committee Deadline Established As May 15, 2026

  5. 2026-05-12 Illinois General Assembly

    Assigned to Executive

  6. 2026-04-17 Illinois General Assembly

    Chief Senate Sponsor Sen. Graciela Guzmán

  7. 2026-04-17 Illinois General Assembly

    First Reading

  8. 2026-04-17 Illinois General Assembly

    Referred to Assignments

  9. 2026-04-15 Illinois General Assembly

    Arrive in Senate

  10. 2026-04-15 Illinois General Assembly

    Placed on Calendar Order of First Reading April 16, 2026

  11. 2026-04-14 Illinois General Assembly

    House Floor Amendment No. 1 Adopted

  12. 2026-04-14 Illinois General Assembly

    Placed on Calendar Order of 3rd Reading - Short Debate

  13. 2026-04-14 Illinois General Assembly

    Third Reading - Short Debate - Passed 072-039-000

  14. 2026-04-13 Illinois General Assembly

    Chief Sponsor Changed to Rep. Margaret A. DeLaRosa

  15. 2026-04-13 Illinois General Assembly

    Added Chief Co-Sponsor Rep. Tracy Katz Muhl

  16. 2026-04-10 Illinois General Assembly

    Second Reading - Short Debate

  17. 2026-04-10 Illinois General Assembly

    Held on Calendar Order of Second Reading - Short Debate

  18. 2026-04-08 Illinois General Assembly

    House Floor Amendment No. 1 Recommends Be Adopted Immigration & Human Rights Committee ; 008-004-000

  19. 2026-04-07 Illinois General Assembly

    House Floor Amendment No. 1 Rules Refers to Immigration & Human Rights Committee

  20. 2026-03-26 Illinois General Assembly

    Placed on Calendar 2nd Reading - Short Debate

  21. 2026-03-26 Illinois General Assembly

    House Floor Amendment No. 1 Filed with Clerk by Rep. Tracy Katz Muhl

  22. 2026-03-26 Illinois General Assembly

    House Floor Amendment No. 1 Referred to Rules Committee

  23. 2026-03-25 Illinois General Assembly

    Do Pass / Short Debate Immigration & Human Rights Committee ; 007-003-000

  24. 2026-02-24 Illinois General Assembly

    Assigned to Immigration & Human Rights Committee

  25. 2026-02-10 Illinois General Assembly

    First Reading

  26. 2026-02-10 Illinois General Assembly

    Referred to Rules Committee

  27. 2026-02-04 Illinois General Assembly

    Filed with the Clerk by Rep. Tracy Katz Muhl

Official Summary Text

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Illinois General Assembly - Full Text of HB5068

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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
- 2 -
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
- 3 -
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
- 4 -
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
- 5 -
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
- 6 -
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
- 7 -
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
- 8 -
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
- 9 -
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
- 10 -
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
- 11 -
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
- 12 -
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
- 13 -
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
- 14 -
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
- 15 -
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
- 18 -
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
- 19 -
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

HB5068 Engrossed
- 20 -
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
- 21 -
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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