Bill Text: IL HB0377 | 2019-2020 | 101st General Assembly | Enrolled
Bill Title: Amends the Illinois Human Rights Act. Provides that in an expedited proceeding, the Department of Human Rights, the Human Rights Commission, any panel of the Commission, or any Commission hearing officer may not shorten the filing period for filing charges under a specified provision (instead of shortening the "180 day charge filing period set by this Act or by rule"). In a provision concerning summary decisions, changes a cross-reference regarding the types of decisions eligible for a summary order. In provisions concerning settlement, court proceedings, court actions, circuit court actions pursuant to election, and circuit court actions by the Illinois Attorney General, changes cross-references regarding court proceedings. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Enrolled - Dead) 2021-01-13 - Passed Both Houses [HB0377 Detail]
Download: Illinois-2019-HB0377-Enrolled.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning State government.
| ||||||
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 Sections 7A-104, 8-105, 8-106.1, 8-111, 10-102, | ||||||
6 | 10-103, and 10-104 as follows:
| ||||||
7 | (775 ILCS 5/7A-104) (from Ch. 68, par. 7A-104)
| ||||||
8 | Sec. 7A-104. Judicial Proceedings. | ||||||
9 | (A) Temporary Relief. (1) At any
time after a charge is | ||||||
10 | filed, the Department or complainant may petition the
| ||||||
11 | appropriate court for temporary relief, pending final | ||||||
12 | determination of
the proceedings under this Act, including an | ||||||
13 | order or judgment restraining
the respondent from doing or | ||||||
14 | causing any act which would render
ineffectual an order which | ||||||
15 | the Commission may enter with respect to the
complainant. | ||||||
16 | Whether it is brought by the Department or by the
complainant, | ||||||
17 | the petition shall contain a certification by the Director
that | ||||||
18 | the particular matter presents exceptional circumstances in | ||||||
19 | which
irreparable injury will result from a civil rights | ||||||
20 | violation in the
absence of temporary relief.
| ||||||
21 | (2) The petition shall be filed in the circuit court for | ||||||
22 | the county
in which the respondent resides or transacts | ||||||
23 | business or in which the
alleged violation took place, and the |
| |||||||
| |||||||
1 | proceedings shall be governed by Part I of Article
XI of the | ||||||
2 | "Code of Civil Procedure", as amended.
Except as provided in | ||||||
3 | subsection (A) (3), the court may grant temporary
relief or a | ||||||
4 | temporary restraining order as it deems just and proper.
| ||||||
5 | (3) When the petition is based upon a civil rights | ||||||
6 | violation as
defined in Article 3 of this Act, the relief or | ||||||
7 | restraining order
entered by the court shall not exceed 5 days | ||||||
8 | unless:
| ||||||
9 | (a) A longer period is agreed to by the respondent; or
| ||||||
10 | (b) The court finds that there is substantial evidence to
| ||||||
11 | demonstrate that the respondent has engaged in unlawful | ||||||
12 | discrimination.
| ||||||
13 | (B) Expedited Proceedings. (1) A complainant or the | ||||||
14 | Department at the request
of the complainant may at any time | ||||||
15 | petition the circuit court for expedited
proceedings. Except as | ||||||
16 | to causes the circuit court considers to be of greater
| ||||||
17 | importance, consideration of petitions for expedited | ||||||
18 | proceedings under
this subsection shall take precedence on the | ||||||
19 | docket over all other causes
and be assigned for hearing at the | ||||||
20 | earliest practicable date and expedited
in every way.
| ||||||
21 | (2) Venue for a petition filed under this subsection shall | ||||||
22 | lie in the
county where the respondent resides or is found or | ||||||
23 | where the alleged
violation was committed.
| ||||||
24 | (3) Any petition filed by the complainant shall name the | ||||||
25 | Department,
Commission and the respondent. Any petition filed | ||||||
26 | by the Department, upon request of
the complainant, shall name |
| |||||||
| |||||||
1 | the Commission and the respondent.
| ||||||
2 | (4) If the circuit court determines that the complainant is | ||||||
3 | likely to
die before the termination of the proceedings under | ||||||
4 | this Act, it may order
the proceedings expedited. When an order | ||||||
5 | for expedited proceedings is
issued, the processing of the | ||||||
6 | complainant's charge by the Department and
Commission shall | ||||||
7 | take precedence over all matters except older matters of
the | ||||||
8 | same character. Where such order is issued, the Department, the
| ||||||
9 | Commission, any panel of the Commission, or any Commission | ||||||
10 | hearing officer shall be
authorized to shorten any time period, | ||||||
11 | other than the filing period set by Section 7A-102(A)(1) 180 | ||||||
12 | day charge filing
period set by this Act or by rule . If such an | ||||||
13 | order is issued and the
complainant is before the Department, | ||||||
14 | the Department shall immediately
appoint an investigator if an | ||||||
15 | investigator has not been appointed and shall
in 90 days either | ||||||
16 | file a complaint or order that no complaint be issued.
If the
| ||||||
17 | Department fails to make a determination within 90 days the | ||||||
18 | complainant
shall have 30 days to file his complaint with the | ||||||
19 | Commission.
| ||||||
20 | (C) Enforcement of Commission Orders. When authorized by | ||||||
21 | this Act,
the Department, at the request of the Commission, may | ||||||
22 | take whatever action
may be authorized for the enforcement of | ||||||
23 | Commission orders.
| ||||||
24 | (Source: P.A. 86-910; 86-1028.)
| ||||||
25 | (775 ILCS 5/8-105) (from Ch. 68, par. 8-105)
|
| |||||||
| |||||||
1 | Sec. 8-105. Settlement.
| ||||||
2 | (A) Approval.
| ||||||
3 | (1) When a proposed settlement
is submitted by the | ||||||
4 | Department, the Commission, through a panel of 3
members, | ||||||
5 | shall determine whether to approve its terms and | ||||||
6 | conditions.
| ||||||
7 | (2) A settlement of any complaint and its underlying | ||||||
8 | charge or charges
may be effectuated at any time upon | ||||||
9 | agreement of the parties, with or without
the Commission's | ||||||
10 | approval, and shall act as
a full and final resolution of | ||||||
11 | the matter. If the parties desire that the
Commission | ||||||
12 | retain jurisdiction over the matter for purposes of | ||||||
13 | enforcing the
terms of the settlement, the terms shall be | ||||||
14 | reduced to writing, signed by the
parties, and
submitted to
| ||||||
15 | the Commission for approval. The Commission, through a | ||||||
16 | panel of 3
members, shall determine whether to approve the | ||||||
17 | settlement.
| ||||||
18 | (3) Approval of the settlement shall be accomplished by | ||||||
19 | an order, served
on the parties and the Department, in | ||||||
20 | accord with the written terms of the
settlement.
| ||||||
21 | (B) Violation. When the Department files notice of a | ||||||
22 | settlement order
violation, the Commission, through a panel of | ||||||
23 | three members, may either
order the Department to seek | ||||||
24 | enforcement of the settlement order pursuant
to paragraph (C) | ||||||
25 | (B) of Section 8-111 or remand for any type of hearing as it
| ||||||
26 | may deem necessary pursuant to paragraph (D) of Section 8A-103.
|
| |||||||
| |||||||
1 | (C) Dismissal for Refusal to Accept Settlement Offer. The | ||||||
2 | Commission
shall dismiss a complaint and the underlying charge | ||||||
3 | or charges of
the
complaint if the Commission is satisfied | ||||||
4 | that:
| ||||||
5 | 1. the respondent has eliminated the effects of the | ||||||
6 | civil rights
violation charged and taken steps to prevent | ||||||
7 | repetition of the violation; or
| ||||||
8 | 2. the respondent offers and the complainant declines | ||||||
9 | to accept the terms
of
settlement that the Commission | ||||||
10 | determines are sufficient to eliminate the
effect
of the | ||||||
11 | civil rights violation charged and to prevent repetition of | ||||||
12 | the
violation.
| ||||||
13 | In determining whether the respondent has eliminated the | ||||||
14 | effects
of the civil rights violation charged, or has offered | ||||||
15 | terms of settlement
sufficient to eliminate same, the | ||||||
16 | Commission shall consider the extent to
which the respondent | ||||||
17 | has either fully provided, or reasonably offered by
way of | ||||||
18 | terms of settlement, as the case may be, the relevant relief
| ||||||
19 | available to the complainant under Section 8A-104 of this Act.
| ||||||
20 | At any time after the service of a complaint pursuant to | ||||||
21 | Section 8A-102
of this Act, and prior to service of a decision | ||||||
22 | prepared pursuant to
Section 8A-102(I), a respondent may move | ||||||
23 | for a recommended
order dismissing
a complaint and the | ||||||
24 | underlying charge or charges for complainant's refusal
to | ||||||
25 | accept terms of settlement that are sufficient to eliminate the | ||||||
26 | effects
of the civil rights violation charged in the complaint |
| |||||||
| |||||||
1 | and to eliminate
repetition of the violation. Respondent's | ||||||
2 | motion and complainant's reply, if
any, shall
comply with the | ||||||
3 | requirements for summary decision set forth in Section
8-106.1 | ||||||
4 | of this Act.
| ||||||
5 | (D) This amendatory Act of 1996 applies to causes of action | ||||||
6 | filed on or
after January 1, 1996.
| ||||||
7 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
8 | (775 ILCS 5/8-106.1) (from Ch. 68, par. 8-106.1)
| ||||||
9 | Sec. 8-106.1. Summary Decision.
| ||||||
10 | (1) At any time after the service of a
complaint and prior | ||||||
11 | to service of a decision pursuant to Section 8A-102(I) or | ||||||
12 | 8B-102(J) 8-106(I) ,
complainant or respondent may move with or | ||||||
13 | without supporting affidavits
for a summary order in the moving | ||||||
14 | party's favor as to all or any part of
the relief sought. A | ||||||
15 | hearing officer may
not preclude the filing of said motion | ||||||
16 | except within the 60-day period prior to
hearing on the merits | ||||||
17 | of the complaint.
| ||||||
18 | (2) Procedure. The non-moving party may file | ||||||
19 | counteraffidavits prior to
the time of the ruling on the | ||||||
20 | motion. The hearing officer shall decide the
motion
without | ||||||
21 | delay and shall grant it if the pleadings and affidavits, if | ||||||
22 | any,
show that there is
no genuine issue as to any material | ||||||
23 | fact and that the moving party is
entitled to a recommended | ||||||
24 | order as a matter of law. The term "without delay"
shall be | ||||||
25 | defined by rule promulgated by the Commission. An interim |
| |||||||
| |||||||
1 | summary
recommended order, interlocutory in character, may be | ||||||
2 | rendered on the issue
of liability alone although there is a | ||||||
3 | genuine issue as to the relief to be
awarded.
| ||||||
4 | (3) Affidavits or Motions Made in Bad Faith. If it appears | ||||||
5 | to the
satisfaction of
the hearing officer at any time that any | ||||||
6 | affidavit or motion presented pursuant
to
this Section is | ||||||
7 | presented in bad faith or solely for the purpose of delay,
the | ||||||
8 | hearing officer may recommend that the party employing the use | ||||||
9 | of
affidavits for dilatory purposes shall pay to the
other | ||||||
10 | party the amount of reasonable expenses incurred as a result of | ||||||
11 | the
filing of the affidavit or motion, including reasonable | ||||||
12 | attorney's fees.
| ||||||
13 | (Source: P.A. 89-370, eff. 8-18-95.)
| ||||||
14 | (775 ILCS 5/8-111) (from Ch. 68, par. 8-111)
| ||||||
15 | Sec. 8-111. Court Proceedings.
| ||||||
16 | (A) Civil Actions Commenced in Circuit Court. | ||||||
17 | (1) Venue. Civil actions commenced in a circuit court | ||||||
18 | pursuant to Section 7A-102 shall be commenced in the | ||||||
19 | circuit court in the county in which the civil rights | ||||||
20 | violation was allegedly committed. | ||||||
21 | (2) If a civil action is commenced in a circuit court, | ||||||
22 | the form of the complaint shall be in accordance with the | ||||||
23 | Code of Civil Procedure. | ||||||
24 | (3) If a civil action is commenced in a circuit court | ||||||
25 | under Section 7A-102, the plaintiff or defendant may demand |
| |||||||
| |||||||
1 | trial by jury. | ||||||
2 | (4) Remedies. Upon the finding of a civil rights | ||||||
3 | violation, the circuit court or jury may award any of the | ||||||
4 | remedies set forth in Section 8A-104. | ||||||
5 | (B) Judicial Review. | ||||||
6 | (1) Any
complainant or respondent may apply for and | ||||||
7 | obtain judicial review of a
final order of the Commission | ||||||
8 | entered under this Act by filing
a petition
for review in | ||||||
9 | the Appellate Court within 35 days from the date that a | ||||||
10 | copy of
the decision sought to be reviewed was served upon | ||||||
11 | the party affected by the
decision.
If a 3-member panel or | ||||||
12 | the full Commission finds that an interlocutory
order | ||||||
13 | involves a question of law as to which there is substantial | ||||||
14 | ground for
difference of opinion and that an immediate | ||||||
15 | appeal from the order may
materially advance the ultimate | ||||||
16 | termination of the litigation, any party may
petition the | ||||||
17 | Appellate Court for permission to appeal the order. The | ||||||
18 | procedure
for obtaining the required Commission findings | ||||||
19 | and the permission of the
Appellate Court shall be governed | ||||||
20 | by Supreme Court Rule 308, except the
references to the | ||||||
21 | "trial court" shall be understood as referring to the
| ||||||
22 | Commission.
| ||||||
23 | (2) In any proceeding brought for judicial review, the
| ||||||
24 | Commission's findings
of fact shall be sustained unless the
| ||||||
25 | court determines that such findings
are contrary to the | ||||||
26 | manifest weight of the evidence.
|
| |||||||
| |||||||
1 | (3) Venue. Proceedings for judicial review shall be | ||||||
2 | commenced in the
appellate court for the district wherein | ||||||
3 | the civil rights violation which is the subject of the | ||||||
4 | Commission's order was
allegedly committed.
| ||||||
5 | (C) Judicial Enforcement.
| ||||||
6 | (1) When the Commission, at the instance of
the | ||||||
7 | Department or an aggrieved party, concludes that any person | ||||||
8 | has violated
a valid order of the Commission issued | ||||||
9 | pursuant to this Act, and the violation
and its effects are | ||||||
10 | not promptly corrected, the Commission, through a panel
of | ||||||
11 | 3 members, shall order the Department to commence an action | ||||||
12 | in the name
of the People of the State of Illinois by | ||||||
13 | complaint, alleging the violation,
attaching a copy of the
| ||||||
14 | order of the Commission and praying for the issuance of an | ||||||
15 | order directing
such person, his or her or its officers, | ||||||
16 | agents, servants, successors and
assigns to comply with the | ||||||
17 | order of the Commission.
| ||||||
18 | (2) An aggrieved party may file a complaint for | ||||||
19 | enforcement of a valid
order of the Commission directly in | ||||||
20 | Circuit Court.
| ||||||
21 | (3) Upon the commencement of an action filed under
| ||||||
22 | paragraphs (1) or (2) of this subsection , (B) of this | ||||||
23 | Section
the court shall have jurisdiction
over the | ||||||
24 | proceedings and power to grant or refuse, in whole or in | ||||||
25 | part,
the relief sought or impose such other remedy as the | ||||||
26 | court may deem proper.
|
| |||||||
| |||||||
1 | (4) The court may stay an order of the Commission in | ||||||
2 | accordance with the
applicable Supreme Court rules, | ||||||
3 | pending disposition of the proceedings.
| ||||||
4 | (5) The court may punish for any violation of its order | ||||||
5 | as in the
case of civil contempt.
| ||||||
6 | (6) Venue. Proceedings for judicial enforcement of a | ||||||
7 | Commission order
shall be commenced in the circuit court in | ||||||
8 | the county wherein the civil
rights violation which is the | ||||||
9 | subject of the Commission's order was committed.
| ||||||
10 | (D) Limitation. Except as otherwise provided by law, no | ||||||
11 | court of this
state shall have jurisdiction over the subject of | ||||||
12 | an alleged civil rights
violation other than as set forth in | ||||||
13 | this Act.
| ||||||
14 | (E) This amendatory Act of 1996 applies to causes of action | ||||||
15 | filed on or
after January 1, 1996.
| ||||||
16 | (F) The changes made to this Section by this amendatory Act | ||||||
17 | of the 95th General Assembly apply to charges or complaints | ||||||
18 | filed with the Department or the Commission on or
after the | ||||||
19 | effective date of those changes.
| ||||||
20 | (Source: P.A. 95-243, eff. 1-1-08.)
| ||||||
21 | (775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
| ||||||
22 | Sec. 10-102. Court Actions. (A) Circuit Court Actions. (1) | ||||||
23 | An
aggrieved party may commence a civil action in an | ||||||
24 | appropriate Circuit
Court not later than 2 years after the | ||||||
25 | occurrence or the termination of an
alleged civil rights |
| |||||||
| |||||||
1 | violation or the breach of a conciliation or
settlement | ||||||
2 | agreement entered into under this Act, whichever occurs last,
| ||||||
3 | to obtain appropriate relief with respect to the alleged civil | ||||||
4 | rights violation
or breach. Venue for such civil action shall | ||||||
5 | be determined under Section 8-111 (A)(1) (B)(6) .
| ||||||
6 | (2) The computation of such 2-year period shall not include | ||||||
7 | any time
during which an administrative proceeding under this | ||||||
8 | Act was pending with
respect to a complaint or charge under | ||||||
9 | this Act based upon the alleged
civil rights violation. This | ||||||
10 | paragraph does not apply to
actions arising from a breach of a | ||||||
11 | conciliation or settlement agreement.
| ||||||
12 | (3) An aggrieved party may commence a civil action under | ||||||
13 | this
subsection whether or not a charge has been filed under | ||||||
14 | Section 7B-102 and
without regard to the status of any such | ||||||
15 | charge, however, if the Department or
local agency has obtained | ||||||
16 | a conciliation or settlement agreement with the
consent of an | ||||||
17 | aggrieved party, no action may be filed under this subsection
| ||||||
18 | by such aggrieved party with respect to the alleged civil | ||||||
19 | rights violation
practice which forms the basis for such | ||||||
20 | complaint except for the purpose of
enforcing the terms of such | ||||||
21 | conciliation or settlement agreement.
| ||||||
22 | (4) An aggrieved party shall not commence a civil action | ||||||
23 | under this
subsection with respect to an alleged civil rights | ||||||
24 | violation which
forms the basis of a complaint issued by the | ||||||
25 | Department if a
hearing officer has commenced a hearing on the | ||||||
26 | record under
Article 3 of this Act with respect to such |
| |||||||
| |||||||
1 | complaint.
| ||||||
2 | (B) Appointment of Attorney by Court. Upon application by a | ||||||
3 | person
alleging a civil rights violation or a person against | ||||||
4 | whom
the civil rights violation is alleged, if in the opinion | ||||||
5 | of the court such
person is financially unable to bear the | ||||||
6 | costs of such action, the court may:
| ||||||
7 | (1) appoint an attorney for such person, any attorney so | ||||||
8 | appointed may
petition for an award of attorneys fees pursuant | ||||||
9 | to subsection (C)(2) of this Section; or
| ||||||
10 | (2) authorize the commencement or continuation of a civil | ||||||
11 | action under
subsection (A) without the payment of fees, costs, | ||||||
12 | or security.
| ||||||
13 | (C) Relief which may be granted. (1) In a civil action | ||||||
14 | under
subsection (A) if the court finds that a civil rights | ||||||
15 | violation
has occurred or is about to occur, the court may | ||||||
16 | award to the plaintiff
actual and punitive damages, and may | ||||||
17 | grant as relief, as the court deems
appropriate, any permanent | ||||||
18 | or preliminary injunction, temporary restraining
order, or | ||||||
19 | other order, including an order enjoining the defendant from
| ||||||
20 | engaging in such civil rights violation or ordering such | ||||||
21 | affirmative action
as may be appropriate.
| ||||||
22 | (2) In a civil action under subsection (A), the court, in | ||||||
23 | its
discretion, may allow the prevailing party, other than the | ||||||
24 | State of
Illinois, reasonable attorneys fees and costs.
The | ||||||
25 | State of Illinois shall be liable for such fees and costs to | ||||||
26 | the same
extent as a private person.
|
| |||||||
| |||||||
1 | (D) Intervention By The Department. The Attorney General of | ||||||
2 | Illinois
may intervene on behalf of the Department if the | ||||||
3 | Department certifies that
the case is of general public | ||||||
4 | importance. Upon such intervention the court
may award such | ||||||
5 | relief as is authorized to be granted to a plaintiff in a
civil | ||||||
6 | action under Section 10-102(C).
| ||||||
7 | (Source: P.A. 86-910.)
| ||||||
8 | (775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
| ||||||
9 | (Text of Section before amendment by P.A. 101-530 )
| ||||||
10 | Sec. 10-103. Circuit court actions pursuant to election. | ||||||
11 | (A) If an
election is made under Section 8B-102, the | ||||||
12 | Department shall authorize and
not later than 30 days after the | ||||||
13 | election is made the Attorney General
shall commence and | ||||||
14 | maintain a civil action on behalf of the aggrieved
party in a | ||||||
15 | circuit court of Illinois seeking relief under this Section.
| ||||||
16 | Venue for such civil action shall be determined under Section | ||||||
17 | 8-111 (A)(1) (B)(6) .
| ||||||
18 | (B) Any aggrieved party with respect to the issues to be | ||||||
19 | determined in
a civil action under this Section may intervene | ||||||
20 | as of right in that civil action.
| ||||||
21 | (C) In a civil action under this Section, if the court | ||||||
22 | finds that a
civil rights violation
has occurred or is about to | ||||||
23 | occur the court may grant as relief any relief
which a court | ||||||
24 | could grant with respect to such civil rights violation
in a | ||||||
25 | civil action under Section 10-102. Any relief so granted that
|
| |||||||
| |||||||
1 | would accrue to an aggrieved party in a civil action commenced | ||||||
2 | by that
aggrieved party under Section 10-102 shall also accrue | ||||||
3 | to that aggrieved
party in a civil action under this Section. | ||||||
4 | If monetary relief is
sought for the benefit of an aggrieved | ||||||
5 | party who does not intervene in the
civil action, the court | ||||||
6 | shall not award such relief if that aggrieved
party has not | ||||||
7 | complied with discovery orders entered by the court.
| ||||||
8 | (Source: P.A. 86-910.)
| ||||||
9 | (Text of Section after amendment by P.A. 101-530 )
| ||||||
10 | Sec. 10-103. Circuit court actions pursuant to election. | ||||||
11 | (A) If an
election is made under Section 8B-102, the | ||||||
12 | Department shall authorize and
not later than 30 days after the | ||||||
13 | entry of the administrative closure order by the Commission the | ||||||
14 | Attorney General
shall commence and maintain a civil action on | ||||||
15 | behalf of the aggrieved
party in a circuit court of Illinois | ||||||
16 | seeking relief under this Section.
Venue for such civil action | ||||||
17 | shall be determined under Section 8-111 (A)(1) (B)(6) .
| ||||||
18 | (B) Any aggrieved party with respect to the issues to be | ||||||
19 | determined in
a civil action under this Section may intervene | ||||||
20 | as of right in that civil action.
| ||||||
21 | (C) In a civil action under this Section, if the court | ||||||
22 | finds that a
civil rights violation
has occurred or is about to | ||||||
23 | occur the court may grant as relief any relief
which a court | ||||||
24 | could grant with respect to such civil rights violation
in a | ||||||
25 | civil action under Section 10-102. Any relief so granted that
|
| |||||||
| |||||||
1 | would accrue to an aggrieved party in a civil action commenced | ||||||
2 | by that
aggrieved party under Section 10-102 shall also accrue | ||||||
3 | to that aggrieved
party in a civil action under this Section. | ||||||
4 | If monetary relief is
sought for the benefit of an aggrieved | ||||||
5 | party who does not intervene in the
civil action, the court | ||||||
6 | shall not award such relief if that aggrieved
party has not | ||||||
7 | complied with discovery orders entered by the court.
| ||||||
8 | (Source: P.A. 101-530, eff. 1-1-20.)
| ||||||
9 | (775 ILCS 5/10-104) | ||||||
10 | Sec. 10-104. Circuit Court Actions by the Illinois Attorney | ||||||
11 | General. | ||||||
12 | (A) Standing, venue, limitations on actions, preliminary | ||||||
13 | investigations, notice, and Assurance of Voluntary Compliance. | ||||||
14 | (1) Whenever the Illinois Attorney General has | ||||||
15 | reasonable cause to believe that any person or group of | ||||||
16 | persons is engaged in a pattern and practice of | ||||||
17 | discrimination prohibited by this Act, the Illinois | ||||||
18 | Attorney General may commence a civil action in the name of | ||||||
19 | the People of the State, as parens patriae on behalf of | ||||||
20 | persons within the State to enforce the provisions of this | ||||||
21 | Act in any appropriate circuit court. Venue for this civil | ||||||
22 | action shall be determined under paragraph (1) (6) of | ||||||
23 | subsection (A) (C) of Section 8-111. Such actions shall be | ||||||
24 | commenced no later than 2 years after the occurrence or the | ||||||
25 | termination of an alleged civil rights violation or the |
| |||||||
| |||||||
1 | breach of a conciliation agreement or Assurance of | ||||||
2 | Voluntary Compliance entered into under this Act, | ||||||
3 | whichever occurs last, to obtain relief with respect to the | ||||||
4 | alleged civil rights violation or breach. | ||||||
5 | (2) Prior to initiating a civil action, the Attorney | ||||||
6 | General shall conduct a preliminary investigation to | ||||||
7 | determine whether there is reasonable cause to believe that | ||||||
8 | any person or group of persons is engaged in a pattern and | ||||||
9 | practice of discrimination declared unlawful by this Act | ||||||
10 | and whether the dispute can be resolved without litigation. | ||||||
11 | In conducting this investigation, the Attorney General | ||||||
12 | may: | ||||||
13 | (a) require the individual or entity to file a | ||||||
14 | statement or report in writing under oath or otherwise, | ||||||
15 | as to all information the Attorney General may consider | ||||||
16 | necessary; | ||||||
17 | (b) examine under oath any person alleged to have | ||||||
18 | participated in or with knowledge of the alleged | ||||||
19 | pattern and practice violation; or | ||||||
20 | (c) issue subpoenas or conduct hearings in aid of | ||||||
21 | any investigation. | ||||||
22 | (3) Service by the Attorney General of any notice | ||||||
23 | requiring a person to file a statement or report, or of a | ||||||
24 | subpoena upon any person, shall be made: | ||||||
25 | (a) personally by delivery of a duly executed copy | ||||||
26 | thereof to the person to be served or, if a person is |
| |||||||
| |||||||
1 | not a natural person, in the manner provided in the | ||||||
2 | Code of Civil Procedure when a complaint is filed; or | ||||||
3 | (b) by mailing by certified mail a duly executed | ||||||
4 | copy thereof to the person to be served at his or her | ||||||
5 | last known abode or principal place of business within | ||||||
6 | this State. | ||||||
7 | (4) In lieu of a civil action, the individual or entity | ||||||
8 | alleged to have engaged in a pattern or practice of | ||||||
9 | discrimination deemed violative of this Act may enter into | ||||||
10 | an Assurance of Voluntary Compliance with respect to the | ||||||
11 | alleged pattern or practice violation. | ||||||
12 | (5) The Illinois Attorney General may commence a civil | ||||||
13 | action under this subsection (A) whether or not a charge | ||||||
14 | has been filed under Sections 7A-102 or 7B-102 and without | ||||||
15 | regard to the status of any charge, however, if the | ||||||
16 | Department or local agency has obtained a conciliation or | ||||||
17 | settlement agreement or if the parties have entered into an | ||||||
18 | Assurance of Voluntary Compliance no action may be filed | ||||||
19 | under this subsection (A) with respect to the alleged civil | ||||||
20 | rights violation practice that forms the basis for the | ||||||
21 | complaint except for the purpose of enforcing the terms of | ||||||
22 | the conciliation or settlement agreement or the terms of | ||||||
23 | the Assurance of Voluntary Compliance. | ||||||
24 | (6) Subpoenas. | ||||||
25 | (a) Petition for enforcement. Whenever any person | ||||||
26 | fails to comply with any subpoena issued under |
| |||||||
| |||||||
1 | paragraph (2) of this subsection (A), or whenever | ||||||
2 | satisfactory copying or reproduction of any material | ||||||
3 | requested in an investigation cannot be done and the | ||||||
4 | person refuses to surrender the material, the Attorney | ||||||
5 | General may file in any appropriate circuit court, and | ||||||
6 | serve upon the person, a petition for a court order for | ||||||
7 | the enforcement of the subpoena or other request. Venue | ||||||
8 | for this enforcement action shall be determined under | ||||||
9 | paragraph (E)(1) (C)(6) of Section 8-104 8-111 . | ||||||
10 | (b) Petition to modify or set aside a subpoena. | ||||||
11 | (i) Any person who has received a subpoena | ||||||
12 | issued under paragraph (2) of this subsection (A) | ||||||
13 | may file in the appropriate circuit court, and | ||||||
14 | serve upon the Attorney General, a petition for a | ||||||
15 | court order to modify or set aside the subpoena or | ||||||
16 | other request. The petition must be filed either | ||||||
17 | (I) within 20 days after the date of service of the | ||||||
18 | subpoena or at any time before the return date | ||||||
19 | specified in the subpoena, whichever date is | ||||||
20 | earlier, or (II) within such longer period as may | ||||||
21 | be prescribed in writing by the Attorney General. | ||||||
22 | (ii) The petition shall specify each ground | ||||||
23 | upon which the petitioner relies in seeking relief | ||||||
24 | under subdivision (i) and may be based upon any | ||||||
25 | failure of the subpoena to comply with the | ||||||
26 | provisions of this Section or upon any |
| |||||||
| |||||||
1 | constitutional or other legal right or privilege | ||||||
2 | of the petitioner. During the pendency of the | ||||||
3 | petition in the court, the court may stay, as it | ||||||
4 | deems proper, the running of the time allowed for | ||||||
5 | compliance with the subpoena or other request, in | ||||||
6 | whole or in part, except that the petitioner shall | ||||||
7 | comply with any portion of the subpoena or other | ||||||
8 | request not sought to be modified or set aside. | ||||||
9 | (c) Jurisdiction. Whenever any petition is filed | ||||||
10 | in any circuit court under this paragraph (6), the | ||||||
11 | court shall have jurisdiction to hear and determine the | ||||||
12 | matter so presented and to enter such orders as may be | ||||||
13 | required to carry out the provisions of this Section. | ||||||
14 | Any final order so entered shall be subject to appeal | ||||||
15 | in the same manner as appeals of other final orders in | ||||||
16 | civil matters. Any disobedience of any final order | ||||||
17 | entered under this paragraph (6) by any court shall be | ||||||
18 | punished as a contempt of the court. | ||||||
19 | (B) Relief which may be granted. | ||||||
20 | (1) In any civil action brought pursuant to subsection | ||||||
21 | (A) of this Section, the Attorney General may obtain as a | ||||||
22 | remedy, equitable relief (including any permanent or | ||||||
23 | preliminary injunction, temporary restraining order, or | ||||||
24 | other order, including an order enjoining the defendant | ||||||
25 | from engaging in such civil rights violation or ordering | ||||||
26 | any action as may be appropriate). In addition, the |
| |||||||
| |||||||
1 | Attorney General may request and the Court may impose a | ||||||
2 | civil penalty to vindicate the public interest: | ||||||
3 | (a) for violations of Article 3 and Article 4 in an | ||||||
4 | amount not exceeding $25,000 per violation, and in the | ||||||
5 | case of violations of all other Articles in an amount | ||||||
6 | not exceeding $10,000 if the defendant has not been | ||||||
7 | adjudged to have committed any prior civil rights | ||||||
8 | violations under the provision of the Act that is the | ||||||
9 | basis of the complaint; | ||||||
10 | (b) for violations of Article 3 and Article 4 in an | ||||||
11 | amount not exceeding $50,000 per violation, and in the | ||||||
12 | case of violations of all other Articles in an amount | ||||||
13 | not exceeding $25,000 if the defendant has been | ||||||
14 | adjudged to have committed one other civil rights | ||||||
15 | violation under the provision of the Act within 5 years | ||||||
16 | of the occurrence of the civil rights violation that is | ||||||
17 | the basis of the complaint; and | ||||||
18 | (c) for violations of Article 3 and Article 4 in an | ||||||
19 | amount not exceeding $75,000 per violation, and in the | ||||||
20 | case of violations of all other Articles in an amount | ||||||
21 | not exceeding $50,000 if the defendant has been | ||||||
22 | adjudged to have committed 2 or more civil rights | ||||||
23 | violations under the provision of the Act within 5 | ||||||
24 | years of the occurrence of the civil rights violation | ||||||
25 | that is the basis of the complaint. | ||||||
26 | (2) A civil penalty imposed under subdivision (B)(1) of |
| |||||||
| |||||||
1 | this Section shall be deposited into the Attorney General | ||||||
2 | Court Ordered and Voluntary Compliance Payment Projects | ||||||
3 | Fund, which is a special fund in the State Treasury. Moneys | ||||||
4 | in the Fund shall be used, subject to appropriation, for | ||||||
5 | the performance of any function pertaining to the exercise | ||||||
6 | of the duties of the Attorney General including but not | ||||||
7 | limited to enforcement of any law of this State and | ||||||
8 | conducting public education programs; however, any moneys | ||||||
9 | in the Fund that are required by the court or by an | ||||||
10 | agreement to be used for a particular purpose shall be used | ||||||
11 | for that purpose. | ||||||
12 | (3) Aggrieved parties seeking actual damages must | ||||||
13 | follow the procedure set out in Sections 7A-102 or 7B-102 | ||||||
14 | for filing a charge.
| ||||||
15 | (Source: P.A. 97-1032, eff. 1-1-13.)
| ||||||
16 | Section 95. No acceleration or delay. Where this Act makes | ||||||
17 | changes in a statute that is represented in this Act by text | ||||||
18 | that is not yet or no longer in effect (for example, a Section | ||||||
19 | represented by multiple versions), the use of that text does | ||||||
20 | not accelerate or delay the taking effect of (i) the changes | ||||||
21 | made by this Act or (ii) provisions derived from any other | ||||||
22 | Public Act.".
|