(775 ILCS 5/Art. 8 heading)
ARTICLE 8.
ILLINOIS HUMAN RIGHTS COMMISSION
|
(775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
Sec. 8-101.
Illinois Human Rights Commission)
(A) Creation; appointments. The Human Rights Commission is created to consist
of 13 members appointed by the Governor with the advice and consent of the
Senate. No more than 7 members shall be of the same political party. The
Governor shall designate one member as chairperson. All appointments shall
be in writing and filed with the Secretary of State as a public record.
(B) Terms. Of the members first appointed, 4 shall be appointed for a
term to expire on the third Monday of January, 1981, and 5 (including the
Chairperson) shall be appointed for a term to expire on the third Monday
of January, 1983.
Notwithstanding any provision of this Section to the contrary, the term
of office of each member of the Illinois Human Rights Commission is
abolished on July 29, 1985, but the
incumbent members shall continue to exercise all of the powers and be
subject to all of the duties of members of the Commission until
their respective successors are appointed and qualified. Subject to the
provisions of subsection (A), of the 9 members appointed under Public Act
84-115, effective July 29, 1985, 5 members shall be appointed for terms to
expire on the third Monday of January, 1987, and 4 members shall be
appointed for terms to expire on the third Monday of January, 1989; and
of the 4 additional members appointed under Public Act 84-1084,
effective December 2, 1985, two shall be
appointed for a term to expire on the third Monday of January, 1987, and
two members shall be appointed for a term to expire on the third Monday
of January, 1989.
Thereafter, each member shall serve for a term of 4 years
and until his or her successor is appointed and qualified; except that any
member chosen to fill a vacancy occurring otherwise than by expiration of
a term shall be appointed only for the unexpired term of the member whom
he or she shall succeed and until his or her successor is appointed and
qualified.
(C) Vacancies.
(1) In the case of vacancies on the Commission
| | during a recess of the Senate, the Governor shall make a temporary appointment until the next meeting of the Senate when he or she shall appoint a person to fill the vacancy. Any person so nominated and confirmed by the Senate shall hold office for the remainder of the term and until his or her successor is appointed and qualified.
|
|
(2) If the Senate is not in session at the time this
| | Act takes effect, the Governor shall make temporary appointments to the Commission as in the case of vacancies.
|
|
(3) Vacancies in the Commission shall not impair the
| | right of the remaining members to exercise all the powers of the Commission. Except when authorized by this Act to proceed through a 3 member panel, a majority of the members of the Commission then in office shall constitute a quorum.
|
|
(D) Compensation. The Chairperson of the Commission shall be compensated
at the rate of $22,500 per year, or as set by the Compensation Review
Board, whichever is greater, during his or her service as Chairperson,
and each other member shall be compensated at the rate of $20,000 per
year, or as set by the Compensation Review Board, whichever is greater.
In addition, all members of the Commission shall be reimbursed for expenses
actually and necessarily incurred by them
in the performance of their duties.
(Source: P.A. 84-1308.)
|
(775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
Sec. 8-102.
Powers and Duties.
In addition to the other powers
and duties prescribed in this Act, the Commission shall have the following
powers and duties:
(A) Meetings. To meet and function at any place within the State.
(B) Offices. To establish and maintain offices in Springfield and Chicago.
(C) Employees. To select and fix the compensation of such technical
advisors and employees as it may deem necessary pursuant to the provisions
of "The Personnel Code".
(D) Hearing Officers. To select and fix the compensation of hearing
officers who shall be attorneys duly licensed to practice law in this State
and full time employees of the Commission.
A formal and unbiased training program for hearing officers shall be
implemented. The training program shall include the following:
(1) substantive and procedural aspects of the hearing
| |
(2) current issues in human rights law and practice;
(3) lectures by specialists in substantive areas
| | related to human rights matters;
|
|
(4) orientation to each operational unit of the
| | Department and Commission;
|
|
(5) observation of experienced hearing officers
| | conducting hearings of cases, combined with the opportunity to discuss evidence presented and rulings made;
|
|
(6) the use of hypothetical cases requiring the
| | hearing officer to issue judgments as a means to evaluating knowledge and writing ability;
|
|
(7) writing skills;
(8) computer skills, including but not limited to
| | word processing and document management.
|
|
A formal, unbiased and ongoing professional development program
including, but not limited to, the above-noted areas shall be implemented
to keep hearing officers informed of recent developments and issues and to
assist them in maintaining and enhancing their professional competence.
(E) Rules and Regulations. To adopt, promulgate, amend, and rescind rules
and regulations not inconsistent with the provisions of this Act pursuant
to the Illinois Administrative Procedure Act.
(F) Compulsory Process. To issue and authorize requests for enforcement
of subpoenas and other compulsory process established by this Act.
(G) Decisions. Through a panel of three members designated by the
Chairperson on a random basis, to hear and decide by majority vote complaints filed in conformity with this Act and to approve
proposed settlements.
(H) Rehearings. To order, by a vote of 6 members, rehearing of its
decisions by the entire Commission in conformity with this Act.
(I) Judicial Enforcement. To authorize requests for judicial enforcement
of its orders in conformity with this Act.
(J) Opinions. To publish its decisions in timely fashion to assure a
consistent source of precedent.
(K) Public Grants; Private Gifts. To accept public grants and private
gifts as may be authorized.
(L) Interpreters. To appoint at the expense of the Commission a qualified
sign language interpreter whenever a hearing impaired person is a party or
witness at a public hearing.
(M) Automated Processing Plan. To prepare an electronic data processing
and telecommunications plan jointly with the Department in accordance with
Section 7-112.
(N) The provisions of this amendatory Act of 1995 amending subsection (G)
of this Section apply to causes of action filed on or after January 1, 1996.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(775 ILCS 5/8-103) (from Ch. 68, par. 8-103)
Sec. 8-103. Request for Review.
(A) Jurisdiction. The Commission,
through a panel of three members, shall have jurisdiction to hear and
determine requests for review of (1) decisions of the Department to dismiss
a charge; and (2) notices of default issued by the Department.
In each instance, the Department shall be the respondent.
(B) Review. When a request for review is properly filed, the Commission
may consider the Department's report, any argument and supplemental evidence
timely submitted, and the results of any additional investigation conducted by
the
Department in response to the request. In its discretion, the Commission
may designate a hearing officer to conduct a hearing into the factual basis
of the matter at issue.
(C) Default Order. When a respondent fails to file a timely request
for review of a notice of default, or the default is sustained on review,
the Commission shall enter a default order and notify the parties that the complainant has the right to either commence a civil action in the appropriate circuit court to determine the complainant's damages or request that the Commission set a hearing on damages before one of its hearing officers. The complainant shall have 90 days after receipt of the Commission's default order to either commence a civil action in the appropriate circuit court or request that the Commission set a hearing on damages.
(D) Time Period Toll. Proceedings on requests for review shall toll
the time limitation established in paragraph (G) of Section 7A-102 from
the date on which the Department's notice of dismissal or default is issued
to the date
on which the Commission's order is entered.
(E) The changes made to this Section by Public Act 95-243 apply to charges or complaints filed with the Department or Commission on or
after the effective date of those changes.
(F) The changes made to this Section by this amendatory Act of the 96th General Assembly apply to charges or complaints filed with the Department or Commission on or
after the effective date of those changes.
(Source: P.A. 95-243, eff. 1-1-08; 96-876, eff. 2-2-10.)
|
(775 ILCS 5/8-104) (from Ch. 68, par. 8-104)
Sec. 8-104.
Compulsory Process.
(A) Subpoenas. Any member of the
Commission may issue a subpoena:
(1) At the request of the Department to facilitate
| |
(2) At the request of a party to a proceeding which
| | is the subject of a complaint pending before the Commission.
|
|
(B) Form. The subpoena shall be on a form prescribed by the
Commission in its rules and regulations, and a copy of the subpoena shall be
served upon all parties of record by the party requesting the subpoena.
(C) Content. A subpoena may be issued when necessary to compel the
attendance of a witness or to require the production for examination of
any relevant books, records or documents whatsoever.
(D) Contests.
(1) On motion of the person to whom the subpoena is
| | directed or a party, and for good cause shown the Commission or the hearing officer presiding in the case may quash or modify any subpoena;
|
|
(2) In the case of a subpoena duces tecum issued and
| | served at the request of the Department, the Commission or the hearing officer presiding in the case shall upon request order the Department to pay the reasonable expense of producing or providing any item specified in the subpoena.
|
|
(E) Enforcement.
(1) When anyone fails or refuses to obey a subpoena,
| | the Commission, through a panel of 3 members, shall authorize Commission staff to prepare and file a petition for enforcement in the circuit court of the county in which the person to whom the subpoena was directed resides or has his or her principal place of business.
|
|
(2) Not less than five days before the petition is
| | filed in the appropriate court, it shall be served on the person along with a notice of the time and place the petition is to be presented.
|
|
(3) Following a hearing on the petition, the circuit
| | courts shall have jurisdiction to enforce subpoenas issued pursuant to this Section.
|
|
(F) Witnesses.
(1) If any witness whose testimony is required for
| | hearing resides outside the state, or through illness or any other good cause as determined by the hearing officer is unable to testify at the hearing, his or her testimony or deposition may be taken, within or without the State, in the same manner as is provided for in the taking of depositions in civil cases in circuit courts.
|
|
(2) Witnesses subject to subpoena shall be paid the
| | same fees and mileage as are paid witnesses in the circuit courts of this state, and witnesses whose depositions are taken or the person taking them shall be entitled to the same fees as are paid for like services in the circuit courts of this State.
|
|
(G) Service of Process.
(1) Except as otherwise provided in this Act,
| | complaints, orders and other process and proper papers shall be served in accordance with such rules and regulations as the Commission may from time to time prescribe. The verified return of the individual making service in accordance with this Section and setting forth the manner of such service shall constitute proof of service.
|
|
(2) For the purposes of this Act, any documents
| | served upon any officer of a labor organization shall be sufficient to acquire jurisdiction against such labor organization, or labor union, or voluntary unincorporated union association, and all of its officers, members and representatives.
|
|
(Source: P.A. 89-370, eff. 8-18-95.)
|
(775 ILCS 5/8-105) (from Ch. 68, par. 8-105)
Sec. 8-105.
Settlement.
(A) Approval.
(1) When a proposed settlement is submitted by the
| | Department, the Commission, through a panel of 3 members, shall determine whether to approve its terms and conditions.
|
|
(2) A settlement of any complaint and its underlying
| | charge or charges may be effectuated at any time upon agreement of the parties, with or without the Commission's approval, and shall act as a full and final resolution of the matter. If the parties desire that the Commission retain jurisdiction over the matter for purposes of enforcing the terms of the settlement, the terms shall be reduced to writing, signed by the parties, and submitted to the Commission for approval. The Commission, through a panel of 3 members, shall determine whether to approve the settlement.
|
|
(3) Approval of the settlement shall be accomplished
| | by an order, served on the parties and the Department, in accord with the written terms of the settlement.
|
|
(B) Violation. When the Department files notice of a settlement order
violation, the Commission, through a panel of three members, may either
order the Department to seek enforcement of the settlement order pursuant
to paragraph (B) of Section 8-111 or remand for any type of hearing as it
may deem necessary pursuant to paragraph (D) of Section 8A-103.
(C) Dismissal for Refusal to Accept Settlement Offer. The Commission
shall dismiss a complaint and the underlying charge or charges of
the
complaint if the Commission is satisfied that:
1. the respondent has eliminated the effects of the
| | civil rights violation charged and taken steps to prevent repetition of the violation; or
|
|
2. the respondent offers and the complainant declines
| | to accept the terms of settlement that the Commission determines are sufficient to eliminate the effect of the civil rights violation charged and to prevent repetition of the violation.
|
|
In determining whether the respondent has eliminated the effects
of the civil rights violation charged, or has offered terms of settlement
sufficient to eliminate same, the Commission shall consider the extent to
which the respondent has either fully provided, or reasonably offered by
way of terms of settlement, as the case may be, the relevant relief
available to the complainant under Section 8A-104 of this Act.
At any time after the service of a complaint pursuant to Section 8A-102
of this Act, and prior to service of a decision prepared pursuant to
Section 8A-102(I), a respondent may move for a recommended
order dismissing
a complaint and the underlying charge or charges for complainant's refusal
to accept terms of settlement that are sufficient to eliminate the effects
of the civil rights violation charged in the complaint and to eliminate
repetition of the violation. Respondent's motion and complainant's reply, if
any, shall
comply with the requirements for summary decision set forth in Section
8-106.1 of this Act.
(D) This amendatory Act of 1996 applies to causes of action filed on or
after January 1, 1996.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(775 ILCS 5/8-106.1) (from Ch. 68, par. 8-106.1)
Sec. 8-106.1.
Summary Decision.
(1) At any time after the service of a
complaint and prior to service of a decision pursuant to Section 8-106(I),
complainant or respondent may move with or without supporting affidavits
for a summary order in the moving party's favor as to all or any part of
the relief sought. A hearing officer may
not preclude the filing of said motion except within the 60-day period prior to
hearing on the merits of the complaint.
(2) Procedure. The non-moving party may file counteraffidavits prior to
the time of the ruling on the motion. The hearing officer shall decide the
motion
without delay and shall grant it if the pleadings and affidavits, if any,
show that there is
no genuine issue as to any material fact and that the moving party is
entitled to a recommended order as a matter of law. The term "without delay"
shall be defined by rule promulgated by the Commission. An interim summary
recommended order, interlocutory in character, may be rendered on the issue
of liability alone although there is a genuine issue as to the relief to be
awarded.
(3) Affidavits or Motions Made in Bad Faith. If it appears to the
satisfaction of
the hearing officer at any time that any affidavit or motion presented pursuant
to
this Section is presented in bad faith or solely for the purpose of delay,
the hearing officer may recommend that the party employing the use of
affidavits for dilatory purposes shall pay to the
other party the amount of reasonable expenses incurred as a result of the
filing of the affidavit or motion, including reasonable attorney's fees.
(Source: P.A. 89-370, eff. 8-18-95.)
|
(775 ILCS 5/8-109) (from Ch. 68, par. 8-109)
Sec. 8-109.
Specific Penalties; Public Contracts; Licensees; Public
Officials. In addition to the penalties and forms of relief set forth
in Section 8-108, a hearing officer may recommend and the Commission or
any three member panel thereof may:
(A) Public Contracts. In the case of a respondent who commits a
civil rights violation while holding a public
contract, where the practice was authorized, requested, commanded,
performed, or knowingly permitted by the board of directors of the
respondent or by an officer or executive agent acting within the scope
of his employment, order: (1) termination of the
contract; (2) debarment of the respondent
from participating in public contracts for a period not to exceed three
years; (3) imposition of a penalty to be paid to the State Treasurer
not to exceed any profit acquired as a direct result of a civil rights violation;
or (4) any combination of these penalties.
(B) Licensees. In the case of a respondent, operating by virtue of
a license issued by the State, a political subdivision, or any agency
thereof, who commits a civil rights violation, recommend to the
appropriate licensing authority that the respondent's license be
suspended or revoked.
(C) Public Officials. In the case of a respondent who is a public
official who violates paragraph (C) of Section 5-102, recommend to the
department or agency in which the official is employed that such
disciplinary or discharge proceedings as the Commission deems appropriate be employed.
(Source: P.A. 81-1267.)
|
(775 ILCS 5/8-110) (from Ch. 68, par. 8-110)
Sec. 8-110. Publication of Opinions. Decisions of the Commission or panels
thereof, whether on requests for review or
complaints, shall be
published
within 120 calendar days of the completion of service of the written
decision on the parties to ensure a consistent source of precedent.
This amendatory Act of 1995 applies to causes of action filed on or after
January 1, 1996.
The changes made to this Section by this amendatory Act of the 95th General Assembly apply to decisions of the Commission entered on or
after the effective date of those changes.
(Source: P.A. 95-243, eff. 1-1-08.)
|
(775 ILCS 5/8-111) (from Ch. 68, par. 8-111)
Sec. 8-111. Court Proceedings.
(A) Civil Actions Commenced in Circuit Court.
(1) Venue. Civil actions commenced in a circuit
| | court pursuant to Section 7A-102 shall be commenced in the circuit court in the county in which the civil rights violation was allegedly committed.
|
| (2) If a civil action is commenced in a circuit
| | court, the form of the complaint shall be in accordance with the Code of Civil Procedure.
|
| (3) If a civil action is commenced in a circuit court
| | under Section 7A-102, the plaintiff or defendant may demand trial by jury.
|
| (4) Remedies. Upon the finding of a civil rights
| | violation, the circuit court or jury may award any of the remedies set forth in Section 8A-104.
|
| (B) Judicial Review.
(1) Any complainant or respondent may apply for and
| | obtain judicial review of a final order of the Commission entered under this Act by filing a petition for review in the Appellate Court within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision. If a 3-member panel or the full Commission finds that an interlocutory order involves a question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, any party may petition the Appellate Court for permission to appeal the order. The procedure for obtaining the required Commission findings and the permission of the Appellate Court shall be governed by Supreme Court Rule 308, except the references to the "trial court" shall be understood as referring to the Commission.
|
|
(2) In any proceeding brought for judicial review,
| | the Commission's findings of fact shall be sustained unless the court determines that such findings are contrary to the manifest weight of the evidence.
|
|
(3) Venue. Proceedings for judicial review shall be
| | commenced in the appellate court for the district wherein the civil rights violation which is the subject of the Commission's order was allegedly committed.
|
|
(C) Judicial Enforcement.
(1) When the Commission, at the instance of the
| | Department or an aggrieved party, concludes that any person has violated a valid order of the Commission issued pursuant to this Act, and the violation and its effects are not promptly corrected, the Commission, through a panel of 3 members, shall order the Department to commence an action in the name of the People of the State of Illinois by complaint, alleging the violation, attaching a copy of the order of the Commission and praying for the issuance of an order directing such person, his or her or its officers, agents, servants, successors and assigns to comply with the order of the Commission.
|
|
(2) An aggrieved party may file a complaint for
| | enforcement of a valid order of the Commission directly in Circuit Court.
|
|
(3) Upon the commencement of an action filed under
| | paragraphs (1) or (2) of subsection (B) of this Section the court shall have jurisdiction over the proceedings and power to grant or refuse, in whole or in part, the relief sought or impose such other remedy as the court may deem proper.
|
|
(4) The court may stay an order of the Commission in
| | accordance with the applicable Supreme Court rules, pending disposition of the proceedings.
|
|
(5) The court may punish for any violation of its
| | order as in the case of civil contempt.
|
|
(6) Venue. Proceedings for judicial enforcement of a
| | Commission order shall be commenced in the circuit court in the county wherein the civil rights violation which is the subject of the Commission's order was committed.
|
|
(D) Limitation. Except as otherwise provided by law, no court of this
state shall have jurisdiction over the subject of an alleged civil rights
violation other than as set forth in this Act.
(E) This amendatory Act of 1996 applies to causes of action filed on or
after January 1, 1996.
(F) The changes made to this Section by this amendatory Act of the 95th General Assembly apply to charges or complaints filed with the Department or the Commission on or
after the effective date of those changes.
(Source: P.A. 95-243, eff. 1-1-08.)
|
(775 ILCS 5/8-112) (from Ch. 68, par. 8-112)
Sec. 8-112.
Public Grants; Private Gifts) The commission is authorized
to accept public grants and private gifts and bequests so long as the conditions
of the grant, gift, or bequest are not inconsistent with the purposes of this Act.
(Source: P.A. 81-1216.)
|
(775 ILCS 5/8-113) (from Ch. 68, par. 8-113)
Sec. 8-113.
Immigration.
The Human Rights Commission and the
Department of Human Rights are authorized to receive and collect
information concerning employment discrimination in relation to persons
affected by the federal Immigration Reform and Control Act of 1986, and
the Human Rights Commission and the Department of Human Rights are
authorized to cooperate with the United States General Accounting Office in
providing such information as may be necessary or appropriate for the
preparation of the report of the Comptroller General of the United States
on discrimination and the implementation of employer sanctions pursuant to
that Act. The Human Rights Commission and Department of Human Rights shall
coordinate their activities under this Section, and report to the Governor
or his designee.
(Source: P.A. 85-139.)
|
|
