SB 2240 — HUMAN RTS-REVIEW, CIVIL ACTION

*LRB09513307WGH45359b* SB2240 95THEngrossed GENERALLRB095 ASSEMBLY13307 StateWGH of45359 Illinoisb andAN 2008ACT SB2240concerning Introducedhuman 2/14/2008,rights. by Sen.

Don Harmon SYNOPSIS AS INTRODUCED:

ILCS 5/7A-102 from Ch.

68, par.

7A-102 ILCS 5/7B-102 from Ch.

68, par.

7B-102 ILCS 5/8-103 from Ch.

68, par.

8-103 Amends the Illinois Human Rights Act.

Makes various changes regarding:

the contents of a notice of dismissal or notice of default issued by the Director of Human Rights;

filing a request for review or a complaint with the Human Rights Commission;

filing deadlines;

notice and procedure upon entry of a default order by the Human Rights Commission;

and other matters.

Contains applicability provisions, including provisions regarding the applicability of a Section repealed by Public Act 95-243.

Effective immediately.

LRB095 13307 WGH 45359 b A BILL FOR SB2240 LRB095 13307 WGH 45359 b AN ACT concerning human rights.

Upon receipt of a charge filed with the Equal Employment Opportunity SB2240 Engrossed - 2 - LRB095 13307 WGH 45359 b Commission, the Department shall notify the complainant that he or she may proceed with the Department.

The position statements and other materials filed shall SB2240 Engrossed - 3 - LRB095 13307 WGH 45359 b remain confidential unless otherwise agreed to by the party providing the information and shall not be served on or made available to the other party during pendency of a charge with the Department.

The Department shall, within 10 days of the date on which the charge was filed, and again no later than 335 days thereafter, send by certified or registered mail written notice to the complainant and to the respondent informing the complainant of SB2240 Engrossed - 4 - LRB095 13307 WGH 45359 b the complainant’s right to either file a complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court under subparagraph (2) of paragraph (G), including in such notice the dates within which the complainant may exercise this right.

(2) The Director or his or her designated SB2240 Engrossed - 5 - LRB095 13307 WGH 45359 b representatives shall have authority to request any member of the Commission to issue subpoenas to compel the attendance of a witness or the production for examination of any books, records or documents whatsoever.

The notice of default issued by the Director shall notify the SB2240 Engrossed - 6 - LRB095 13307 WGH 45359 b respondent and shall notify the relevant party that a request for review may be filed in writing with the Commission within 30 days of receipt of notice of dismissal or default.

The SB2240 Engrossed - 7 - LRB095 13307 WGH 45359 b determination of substantial evidence is limited to determining the need for further consideration of the charge pursuant to this Act and includes, but is not limited to, findings of fact and conclusions, as well as the reasons for the determinations on all material issues.

(4) If the Director determines that there is substantial evidence, he or she shall notify the SB2240 Engrossed - 8 - LRB095 13307 WGH 45359 b complainant and respondent of that determination.

If the Complainantcomplainant files a complaint with the Human Rights Commission, Complainantcomplainant shall give notice to the Department of the filing of the complaint with the Human Rights Commission.

(1) When there is a finding of substantial evidence, the Department may designate a Department employee who is an attorney licensed to practice in Illinois to endeavor to SB2240 Engrossed - 9 - LRB095 13307 WGH 45359 b eliminate the effect of the alleged civil rights violation and to prevent its repetition by means of conference and conciliation.

The Department shall file the complaint SB2240 Engrossed - 10 - LRB095 13307 WGH 45359 b with the Commission.

The aggrieved party shall notify the Department that a SB2240 Engrossed - 11 - LRB095 13307 WGH 45359 b complaint has been filed and shall serve a copy of the complaint on the Department on the same date that the complaint is filed with the Commission or in circuit court.

SB2240 Engrossed - 12 - LRB095 13307 WGH 45359 b (H) This amendatory Act of 1995 applies to causes of action filed on or after January 1, 1996.

SB2240 Engrossed - 13 - LRB095 13307 WGH 45359 b (1) The Department shall serve notice upon the aggrieved party acknowledging such charge and advising the aggrieved party of the time limits and choice of forums provided under this Act.

Within 10 days of the date he receives the respondent’s response, the complainant may file his reply SB2240 Engrossed - 14 - LRB095 13307 WGH 45359 b to said response.

SB2240 Engrossed - 15 - LRB095 13307 WGH 45359 b (3) The Director or his or her designated representative shall have authority to request any member of the Commission to issue subpoenas to compel the attendance of a witness or the production for examination of any books, records or documents whatsoever.

SB2240 Engrossed - 16 - LRB095 13307 WGH 45359 b (1) Each investigated charge shall be the subject of a report to the Director.

The Director’s failure to make SB2240 Engrossed - 17 - LRB095 13307 WGH 45359 b the determination within 100 days after the proper filing of the charge does not deprive the Department of jurisdiction over the charge.

When the Department determines that a formal conciliation conference is feasible, the aggrieved party and respondent shall be notified of the time and place of the conference by registered or certified mail at least 7 days prior thereto and either or both parties shall appear SB2240 Engrossed - 18 - LRB095 13307 WGH 45359 b at the conference in person or by attorney.

(1) When there is a failure to settle or adjust any charge through a conciliation conference and the charge is not dismissed, the Department shall prepare a written SB2240 Engrossed - 19 - LRB095 13307 WGH 45359 b complaint, under oath or affirmation, stating the nature of the civil rights violation and the relief sought on behalf of the aggrieved party.

(2) The Director shall make available to the aggrieved party and the respondent, at any time, upon request SB2240 Engrossed - 20 - LRB095 13307 WGH 45359 b following completion of the Department’s investigation, information derived from an investigation and any final investigative report relating to that investigation.

In its discretion, the SB2240 Engrossed - 21 - LRB095 13307 WGH 45359 b Commission may designate a hearing officer to conduct a hearing into the factual basis of the matter at issue.

SB2240 Engrossed - 22 - LRB095 13307 WGH 45359 b (Source: