Bill Text: IL HB3135 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Human Rights Act. Provides that after filing a complaint under the Employment Article, Financial Credit Article, Public Accommodations Article, Elementary, Secondary, and Higher Education Article, or Additional Civil Rights Violations Article, the Department of Human Rights may petition and shall be permitted to intervene as a party in the proceeding if the Human Rights Commission determines that: the Department has an interest different from one or more of the parties; the expertise of the Department makes it better suited to articulate a particular point of view; or the representation of the Department's interest by existing parties is or may be inadequate and the Department will or may be bound by an order or judgment in the action. Provides that if the Department certifies that the case is of general public importance, the Attorney General may seek to intervene on behalf of the Department in a civil action filed by a complainant in State or federal court. Requires, in various situations, a complainant to notify the Department that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from the date that the complaint is filed in circuit court. Requires a complainant who chooses to file a complaint with the Commission without the Department's assistance to notify the Department that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from the date that the complaint is filed with the Commission. Provides that a petition for temporary relief shall contain a certification by the Director of the Department that the particular matter warrants temporary relief (rather than that the matter presents exceptional circumstances in which irreparable injury will result from a civil rights violation in the absence of temporary relief). Provides that the filing of a petition for temporary relief does not affect the initiation or continuation of other specified administrative proceedings. Removes language providing that when a petition for temporary relief is based upon a civil rights violation, the relief or restraining order shall not exceed 5 days. Provides that proceedings on requests for review shall toll the time limitation from the date on which the Department's notice of dismissal or default is issued until 30 days after (rather than issued to) the date on which the Human Rights Commission's order is served on the chief legal counsel of the Department (rather than when the order is entered). Makes other changes.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0335 [HB3135 Detail]

Download: Illinois-2023-HB3135-Enrolled.html

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AN ACT concerning human rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Sections 7-101, 7A-102, 7A-104, 7B-104, 8-103,
8A-102, 10-101, and 10-102 and by adding Section 10-105 as
follows:
(775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
Sec. 7-101. Powers and Duties. In addition to other powers
and duties prescribed in this Act, the Department shall have
the following powers:
(A) 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.
(B) Charges. To issue, receive, investigate, conciliate,
settle, and dismiss charges filed in conformity with this Act.
(C) Compulsory Process. To request subpoenas as it deems
necessary for its investigations.
(D) Complaints. To file complaints with the Commission in
conformity with this Act and to intervene in complaints
pending before the Commission filed under Article 2, 4, 5, 5A,
or 6.

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(E) Judicial Enforcement. To seek temporary relief and to
enforce orders of the Commission in conformity with this Act.
(F) Equal Employment Opportunities. To take such action as
may be authorized to provide for equal employment
opportunities and affirmative action.
(G) Recruitment; Research; Public Communication; Advisory
Councils. To engage in such recruitment, research and public
communication and create such advisory councils as may be
authorized to effectuate the purposes of this Act.
(H) Coordination with other Agencies. To coordinate its
activities with federal, state, and local agencies in
conformity with this Act.
(I) Grants; Private Gifts.
(1) To accept public grants and private gifts as may
be authorized.
(2) To design grant programs and award grants to
eligible recipients.
(J) Education and Training. To implement a formal and
unbiased program of education and training for all employees
assigned to investigate and conciliate charges under Articles
7A and 7B. The training program shall include the following:
(1) substantive and procedural aspects of the
investigation and conciliation positions;
(2) current issues in human rights law and practice;
(3) lectures by specialists in substantive areas
related to human rights matters;

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(4) orientation to each operational unit of the
Department and Commission;
(5) observation of experienced Department
investigators and attorneys conducting conciliation
conferences, combined with the opportunity to discuss
evidence presented and rulings made;
(6) the use of hypothetical cases requiring the
Department investigator and conciliation conference
attorney 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 Department investigators and
attorneys informed of recent developments and issues and to
assist them in maintaining and enhancing their professional
competence.
(Source: P.A. 102-1115, eff. 1-9-23.)
(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
Sec. 7A-102. Procedures.
(A) Charge.
(1) Within 300 calendar days after the date that a
civil rights violation allegedly has been committed, a

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charge in writing under oath or affirmation may be filed
with the Department by an aggrieved party or issued by the
Department itself under the signature of the Director.
(2) The charge shall be in such detail as to
substantially apprise any party properly concerned as to
the time, place, and facts surrounding the alleged civil
rights violation.
(3) Charges deemed filed with the Department pursuant
to subsection (A-1) of this Section shall be deemed to be
in compliance with this subsection.
(A-1) Equal Employment Opportunity Commission Charges.
(1) If a charge is filed with the Equal Employment
Opportunity Commission (EEOC) within 300 calendar days
after the date of the alleged civil rights violation, the
charge shall be deemed filed with the Department on the
date filed with the EEOC. If the EEOC is the governmental
agency designated to investigate the charge first, the
Department shall take no action until the EEOC makes a
determination on the charge and after the complainant
notifies the Department of the EEOC's determination. In
such cases, after receiving notice from the EEOC that a
charge was filed, the Department shall notify the parties
that (i) a charge has been received by the EEOC and has
been sent to the Department for dual filing purposes; (ii)
the EEOC is the governmental agency responsible for
investigating the charge and that the investigation shall

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be conducted pursuant to the rules and procedures adopted
by the EEOC; (iii) it will take no action on the charge
until the EEOC issues its determination; (iv) the
complainant must submit a copy of the EEOC's determination
within 30 days after service of the determination by the
EEOC on the complainant; and (v) that the time period to
investigate the charge contained in subsection (G) of this
Section is tolled from the date on which the charge is
filed with the EEOC until the EEOC issues its
determination.
(2) If the EEOC finds reasonable cause to believe that
there has been a violation of federal law and if the
Department is timely notified of the EEOC's findings by
the complainant, the Department shall notify the
complainant that the Department has adopted the EEOC's
determination of reasonable cause and that the complainant
has the right, within 90 days after receipt of the
Department's notice, to either file the complainant's his
or her own complaint with the Illinois Human Rights
Commission or commence a civil action in the appropriate
circuit court or other appropriate court of competent
jurisdiction. This notice shall be provided to the
complainant within 10 business days after the Department's
receipt of the EEOC's determination. The Department's
notice to the complainant that the Department has adopted
the EEOC's determination of reasonable cause shall

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constitute the Department's Report for purposes of
subparagraph (D) of this Section.
(3) For those charges alleging violations within the
jurisdiction of both the EEOC and the Department and for
which the EEOC either (i) does not issue a determination,
but does issue the complainant a notice of a right to sue,
including when the right to sue is issued at the request of
the complainant, or (ii) determines that it is unable to
establish that illegal discrimination has occurred and
issues the complainant a right to sue notice, and if the
Department is timely notified of the EEOC's determination
by the complainant, the Department shall notify the
parties, within 10 business days after receipt of the
EEOC's determination, that the Department will adopt the
EEOC's determination as a dismissal for lack of
substantial evidence unless the complainant requests in
writing within 35 days after receipt of the Department's
notice that the Department review the EEOC's
determination.
(a) If the complainant does not file a written
request with the Department to review the EEOC's
determination within 35 days after receipt of the
Department's notice, the Department shall notify the
complainant, within 10 business days after the
expiration of the 35-day period, that the decision of
the EEOC has been adopted by the Department as a

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dismissal for lack of substantial evidence and that
the complainant has the right, within 90 days after
receipt of the Department's notice, to commence a
civil action in the appropriate circuit court or other
appropriate court of competent jurisdiction. The
Department's notice to the complainant that the
Department has adopted the EEOC's determination shall
constitute the Department's report for purposes of
subparagraph (D) of this Section.
(b) If the complainant does file a written request
with the Department to review the EEOC's
determination, the Department shall review the EEOC's
determination and any evidence obtained by the EEOC
during its investigation. If, after reviewing the
EEOC's determination and any evidence obtained by the
EEOC, the Department determines there is no need for
further investigation of the charge, the Department
shall issue a report and the Director shall determine
whether there is substantial evidence that the alleged
civil rights violation has been committed pursuant to
subsection (D) of this Section. If, after reviewing
the EEOC's determination and any evidence obtained by
the EEOC, the Department determines there is a need
for further investigation of the charge, the
Department may conduct any further investigation it
deems necessary. After reviewing the EEOC's

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determination, the evidence obtained by the EEOC, and
any additional investigation conducted by the
Department, the Department shall issue a report and
the Director shall determine whether there is
substantial evidence that the alleged civil rights
violation has been committed pursuant to subsection
(D) of this Section.
(4) Pursuant to this Section, if the EEOC dismisses
the charge or a portion of the charge of discrimination
because, under federal law, the EEOC lacks jurisdiction
over the charge, and if, under this Act, the Department
has jurisdiction over the charge of discrimination, the
Department shall investigate the charge or portion of the
charge dismissed by the EEOC for lack of jurisdiction
pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
(E), (F), (G), (H), (I), (J), and (K) of this Section.
(5) The time limit set out in subsection (G) of this
Section is tolled from the date on which the charge is
filed with the EEOC to the date on which the EEOC issues
its determination.
(6) The failure of the Department to meet the
10-business-day notification deadlines set out in
paragraph (2) of this subsection shall not impair the
rights of any party.
(B) Notice and Response to Charge. The Department shall,
within 10 days of the date on which the charge was filed, serve

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a copy of the charge on the respondent and provide all parties
with a notice of the complainant's right to opt out of the
investigation within 60 days as set forth in subsection (C-1).
This period shall not be construed to be jurisdictional. The
charging party and the respondent may each file a position
statement and other materials with the Department regarding
the charge of alleged discrimination within 60 days of receipt
of the notice of the charge. The position statements and other
materials filed shall 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 the
pendency of a charge with the Department. The Department may
require the respondent to file a response to the allegations
contained in the charge. Upon the Department's request, the
respondent shall file a response to the charge within 60 days
and shall serve a copy of its response on the complainant or
the complainant's his or her representative. Notwithstanding
any request from the Department, the respondent may elect to
file a response to the charge within 60 days of receipt of
notice of the charge, provided the respondent serves a copy of
its response on the complainant or the complainant's his or
her representative. All allegations contained in the charge
not denied by the respondent within 60 days of the
Department's request for a response may be deemed admitted,
unless the respondent states that it is without sufficient
information to form a belief with respect to such allegation.

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The Department may issue a notice of default directed to any
respondent who fails to file a response to a charge within 60
days of receipt of the Department's request, unless the
respondent can demonstrate good cause as to why such notice
should not issue. The term "good cause" shall be defined by
rule promulgated by the Department. Within 30 days of receipt
of the respondent's response, the complainant may file a reply
to said response and shall serve a copy of said reply on the
respondent or the respondent's his or her representative. A
party shall have the right to supplement the party's his or her
response or reply at any time that the investigation of the
charge is pending. 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, or
electronic mail if elected by the party, written notice to the
complainant and to the respondent informing the complainant of
the complainant's rights 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 these rights. In the notice the
Department shall notify the complainant that the charge of
civil rights violation will be dismissed with prejudice and
with no right to further proceed if a written complaint is not
timely filed with the Commission or with the appropriate
circuit court by the complainant pursuant to subparagraph (2)

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of paragraph (G) or by the Department pursuant to subparagraph
(1) of paragraph (G).
(B-1) Mediation. The complainant and respondent may agree
to voluntarily submit the charge to mediation without waiving
any rights that are otherwise available to either party
pursuant to this Act and without incurring any obligation to
accept the result of the mediation process. Nothing occurring
in mediation shall be disclosed by the Department or
admissible in evidence in any subsequent proceeding unless the
complainant and the respondent agree in writing that such
disclosure be made.
(C) Investigation.
(1) The Department shall conduct an investigation
sufficient to determine whether the allegations set forth
in the charge are supported by substantial evidence unless
the complainant elects to opt out of an investigation
pursuant to subsection (C-1).
(2) The Director or the Director's his or her
designated 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.
(3) If any witness whose testimony is required for any
investigation resides outside the State, or through
illness or any other good cause as determined by the
Director is unable to be interviewed by the investigator

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or appear at a fact finding conference, the witness' 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.
(4) Upon reasonable notice to the complainant and the
respondent, the Department shall conduct a fact finding
conference, unless prior to 365 days after the date on
which the charge was filed the Director has determined
whether there is substantial evidence that the alleged
civil rights violation has been committed, the charge has
been dismissed for lack of jurisdiction, or the parties
voluntarily and in writing agree to waive the fact finding
conference. Any party's failure to attend the conference
without good cause shall result in dismissal or default.
The term "good cause" shall be defined by rule promulgated
by the Department. A notice of dismissal or default shall
be issued by the Director. The notice of default issued by
the Director shall notify the respondent that a request
for review may be filed in writing with the Commission
within 30 days of receipt of notice of default. The notice
of dismissal issued by the Director shall give the
complainant notice of the complainant's his or her right
to seek review of the dismissal before the Human Rights
Commission or commence a civil action in the appropriate
circuit court. If the complainant chooses to have the

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Human Rights Commission review the dismissal order, the
complainant he or she shall file a request for review with
the Commission within 90 days after receipt of the
Director's notice. If the complainant chooses to file a
request for review with the Commission, the complainant he
or she may not later commence a civil action in a circuit
court. If the complainant chooses to commence a civil
action in a circuit court, the complainant he or she must
do so within 90 days after receipt of the Director's
notice.
(C-1) Opt out of Department's investigation. At any time
within 60 days after receipt of notice of the right to opt out,
a complainant may submit a written request seeking notice from
the Director indicating that the complainant has opted out of
the investigation and may commence a civil action in the
appropriate circuit court or other appropriate court of
competent jurisdiction. Within 10 business days of receipt of
the complainant's request to opt out of the investigation, the
Director shall issue a notice to the parties stating that: (i)
the complainant has exercised the right to opt out of the
investigation; (ii) the complainant has 90 days after receipt
of the Director's notice to commence an action in the
appropriate circuit court or other appropriate court of
competent jurisdiction; and (iii) the Department has ceased
its investigation and is administratively closing the charge.
The complainant shall notify the Department and the respondent

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that a complaint has been filed with the appropriate circuit
court by serving or other appropriate court of competent
jurisdiction and shall mail a copy of the complaint on the
chief legal counsel of to the Department within 21 days from
the and the respondent on the same date that the complaint is
filed with the appropriate circuit court. This 21-day period
for service on the chief legal counsel shall not be construed
to be jurisdictional. Once a complainant has opted out of the
investigation under this subsection, the complainant he or she
may not file or refile a substantially similar charge with the
Department arising from the same incident of unlawful
discrimination or harassment.
(D) Report.
(1) Each charge investigated under subsection (C)
shall be the subject of a report to the Director. The
report shall be a confidential document subject to review
by the Director, authorized Department employees, the
parties, and, where indicated by this Act, members of the
Commission or their designated hearing officers.
(2) Upon review of the report, the Director shall
determine whether there is substantial evidence that the
alleged civil rights violation has been committed. The
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

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the reasons for the determinations on all material issues.
Substantial evidence is evidence which a reasonable mind
accepts as sufficient to support a particular conclusion
and which consists of more than a mere scintilla but may be
somewhat less than a preponderance.
(3) If the Director determines that there is no
substantial evidence, the charge shall be dismissed by
order of the Director and the Director shall give the
complainant notice of the complainant's his or her right
to seek review of the notice of dismissal order before the
Commission or commence a civil action in the appropriate
circuit court. If the complainant chooses to have the
Human Rights Commission review the notice of dismissal
order, the complainant he or she shall file a request for
review with the Commission within 90 days after receipt of
the Director's notice. If the complainant chooses to file
a request for review with the Commission, the complainant
he or she may not later commence a civil action in a
circuit court. If the complainant chooses to commence a
civil action in a circuit court, the complainant he or she
must do so within 90 days after receipt of the Director's
notice. The complainant shall notify the Department that a
complaint has been filed by serving a copy of the
complaint on the chief legal counsel of the Department
within 21 days from the date that the complaint is filed in
circuit court. This 21-day period for service on the chief

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legal counsel shall not be construed to be jurisdictional.
(4) If the Director determines that there is
substantial evidence, the Director he or she shall notify
the complainant and respondent of that determination. The
Director shall also notify the parties that the
complainant has the right to either commence a civil
action in the appropriate circuit court or request that
the Department of Human Rights file a complaint with the
Human Rights Commission on the complainant's his or her
behalf. Any such complaint shall be filed within 90 days
after receipt of the Director's notice. If the complainant
chooses to have the Department file a complaint with the
Human Rights Commission on the complainant's his or her
behalf, the complainant must, within 30 days after receipt
of the Director's notice, request in writing that the
Department file the complaint. If the complainant timely
requests that the Department file the complaint, the
Department shall file the complaint on the complainant's
his or her behalf. If the complainant fails to timely
request that the Department file the complaint, the
complainant may file the complainant's his or her
complaint with the Commission or commence a civil action
in the appropriate circuit court. If the complainant files
a complaint with the Human Rights Commission, the
complainant shall notify the Department that a complaint
has been filed by serving a copy of the complaint on the

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chief legal counsel of the Department within 21 days from
the date that the complaint is filed give notice to the
Department of the filing of the complaint with the Human
Rights Commission. This 21-day period for service on the
chief legal counsel shall not be construed to be
jurisdictional.
(E) Conciliation.
(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 eliminate the effect of the alleged civil rights
violation and to prevent its repetition by means of
conference and conciliation.
(2) When the Department determines that a formal
conciliation conference is necessary, the complainant and
respondent shall be notified of the time and place of the
conference by registered or certified mail at least 10
days prior thereto and either or both parties shall appear
at the conference in person or by attorney.
(3) The place fixed for the conference shall be within
35 miles of the place where the civil rights violation is
alleged to have been committed.
(4) Nothing occurring at the conference shall be
disclosed by the Department unless the complainant and
respondent agree in writing that such disclosure be made.
(5) The Department's efforts to conciliate the matter

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shall not stay or extend the time for filing the complaint
with the Commission or the circuit court.
(F) Complaint.
(1) When the complainant requests that the Department
file a complaint with the Commission on the complainant's
his or her behalf, the Department shall prepare a written
complaint, under oath or affirmation, stating the nature
of the civil rights violation substantially as alleged in
the charge previously filed and the relief sought on
behalf of the aggrieved party. The Department shall file
the complaint with the Commission.
(1.5) If the complainant chooses to file a complaint
with the Commission without the Department's assistance,
the complainant shall notify the Department that a
complaint has been filed by serving a copy of the
complaint on the chief legal counsel of the Department
within 21 days from the date that the complaint is filed
with the Human Rights Commission. This 21-day period for
service on the chief legal counsel shall not be construed
to be jurisdictional.
(2) If the complainant chooses to commence a civil
action in a circuit court:
(i) The complainant shall file the civil action ,
he or she must do so in the circuit court in the county
wherein the civil rights violation was allegedly
committed.

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(ii) The form of the complaint in any such civil
action shall be in accordance with the Code of Civil
Procedure.
(iii) The complainant shall notify the Department
that a complaint has been filed by serving a copy of
the complaint on the chief legal counsel of the
Department within 21 days from date that the complaint
is filed in circuit court. This 21-day period for
service on the chief legal counsel shall not be
construed to be jurisdictional.
(G) Time Limit.
(1) When a charge of a civil rights violation has been
properly filed, the Department, within 365 days thereof or
within any extension of that period agreed to in writing
by all parties, shall issue its report as required by
subparagraph (D). Any such report shall be duly served
upon both the complainant and the respondent.
(2) If the Department has not issued its report within
365 days after the charge is filed, or any such longer
period agreed to in writing by all the parties, the
complainant shall have 90 days to either file the
complainant's his or her own complaint with the Human
Rights Commission or commence a civil action in the
appropriate circuit court. If the complainant files a
complaint with the Commission, the form of the complaint
shall be in accordance with the provisions of paragraph

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(F)(1). If the complainant commences a civil action in a
circuit court, the form of the complaint shall be in
accordance with the Code of Civil Procedure. The aggrieved
party shall notify the Department that a complaint has
been filed by serving and shall serve a copy of the
complaint on the chief legal counsel of the Department
with 21 days from the on the same date that the complaint
is filed with the Commission or in circuit court. This
21-day period for service on the chief legal counsel shall
not be construed to be jurisdictional. If the complainant
files a complaint with the Commission, the complainant he
or she may not later commence a civil action in circuit
court.
(3) If an aggrieved party files a complaint with the
Human Rights Commission or commences a civil action in
circuit court pursuant to paragraph (2) of this
subsection, or if the time period for filing a complaint
has expired, the Department shall immediately cease its
investigation and dismiss the charge of civil rights
violation. Any final order entered by the Commission under
this Section is appealable in accordance with paragraph
(B)(1) of Section 8-111. Failure to immediately cease an
investigation and dismiss the charge of civil rights
violation as provided in this paragraph (3) constitutes
grounds for entry of an order by the circuit court
permanently enjoining the investigation. The Department

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may also be liable for any costs and other damages
incurred by the respondent as a result of the action of the
Department.
(4) (Blank).
(H) Public Act 89-370 applies to causes of action filed on
or after January 1, 1996.
(I) Public Act 89-520 applies to causes of action filed on
or after January 1, 1996.
(J) The changes made to this Section by Public Act 95-243
apply to charges filed on or after the effective date of those
changes.
(K) The changes made to this Section by Public Act 96-876
apply to charges filed on or after the effective date of those
changes.
(L) The changes made to this Section by Public Act
100-1066 apply to charges filed on or after August 24, 2018
(the effective date of Public Act 100-1066).
(Source: P.A. 101-221, eff. 1-1-20; 102-558, eff. 8-20-21.)
(775 ILCS 5/7A-104) (from Ch. 68, par. 7A-104)
Sec. 7A-104. Judicial Proceedings.
(A) Temporary Relief.
(1) At any time after a charge is filed, the
Department or complainant may petition the appropriate
court for temporary relief, pending final determination of
the proceedings under this Act, including an order or

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judgment restraining the respondent from doing or causing
any act which would render ineffectual an order which the
Commission may enter with respect to the complainant.
Whether it is brought by the Department or by the
complainant, the petition shall contain a certification by
the Director that the particular matter warrants presents
exceptional circumstances in which irreparable injury will
result from a civil rights violation in the absence of
temporary relief. The filing of a petition under this
paragraph does not affect the initiation or continuation
of administrative proceedings under Sections 7A-102 and
8A-102.
(2) The petition shall be filed in the circuit court
for the county in which the respondent resides or
transacts business or in which the alleged violation took
place, and the proceedings shall be governed by Part I of
Article XI of the "Code of Civil Procedure", as amended.
The Except as provided in subsection (A) (3), the court
may grant temporary relief or a temporary restraining
order as it deems just and proper.
(3) (Blank). When the petition is based upon a civil
rights violation as defined in Article 3 of this Act, the
relief or restraining order entered by the court shall not
exceed 5 days unless:
(a) A longer period is agreed to by the
respondent; or

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(b) The court finds that there is substantial
evidence to demonstrate that the respondent has
engaged in unlawful discrimination.
(B) Expedited Proceedings.
(1) A complainant or the Department at the request of
the complainant may at any time petition the circuit court
for expedited proceedings. Except as to causes the circuit
court considers to be of greater importance, consideration
of petitions for expedited proceedings under this
subsection shall take precedence on the docket over all
other causes and be assigned for hearing at the earliest
practicable date and expedited in every way.
(2) Venue for a petition filed under this subsection
shall lie in the county where the respondent resides or is
found or where the alleged violation was committed.
(3) Any petition filed by the complainant shall name
the Department, Commission and the respondent. Any
petition filed by the Department, upon request of the
complainant, shall name the Commission and the respondent.
(4) If the circuit court determines that the
complainant is likely to die before the termination of the
proceedings under this Act, it may order the proceedings
expedited. When an order for expedited proceedings is
issued, the processing of the complainant's charge by the
Department and Commission shall take precedence over all
matters except older matters of the same character. Where

HB3135 Enrolled - 24 - LRB103 27775 LNS 54153 b
such order is issued, the Department, the Commission, any
panel of the Commission, or any Commission hearing officer
shall be authorized to shorten any time period, other than
the filing period set by Section 7A-102(A)(1). If such an
order is issued and the complainant is before the
Department, the Department shall immediately appoint an
investigator if an investigator has not been appointed and
shall in 90 days either file a complaint or order that no
complaint be issued. If the Department fails to make a
determination within 90 days the complainant shall have 30
days to file a his complaint with the Commission.
(C) Enforcement of Commission Orders. When authorized by
this Act, the Department, at the request of the Commission,
may take whatever action may be authorized for the enforcement
of Commission orders.
(Source: P.A. 101-661, eff. 4-2-21.)
(775 ILCS 5/7B-104) (from Ch. 68, par. 7B-104)
Sec. 7B-104. Judicial Proceedings. (A) Temporary Relief.
(1) At any time after a charge is filed, the Department or
aggrieved party may petition the appropriate court for
temporary relief, pending final determination of the
proceedings under this Act, including an order or judgment
restraining the respondent from doing or causing any act which
would render ineffectual an order which the Commission may
enter with respect to the aggrieved party. Whether it is

HB3135 Enrolled - 25 - LRB103 27775 LNS 54153 b
brought by the Department or by the aggrieved party, the
petition shall contain a certification by the Director that
the particular matter warrants presents exceptional
circumstances in which irreparable injury will result from a
civil rights violation in the absence of temporary relief. The
filing of a petition under this paragraph does not affect the
initiation or continuation of administrative proceedings under
Sections 7B-102 and 8B-102 Section 7A-102 and Section 8A-102
of this Act.
(2) The petition shall be filed in the circuit court for
the county in which the respondent resides or transacts
business or in which the alleged violation took place, and the
proceedings shall be governed by Part 1 of Article XI of the
"Code of Civil Procedure", as amended. The Except as provided
in subsection (A) (3), the court may grant temporary relief or
a temporary restraining order as it deems just and proper.
(3) (Blank). When the petition is based upon a civil
rights violation as defined in Article 3 of this Act, the
duration of the relief or restraining order entered by the
court shall not exceed 5 days unless:
(a) A longer period is agreed to by the respondent; or
(b) The court finds that there is substantial evidence to
demonstrate that the respondent has engaged in unlawful
discrimination.
(B) Enforcement of Commission Orders. When authorized by
this Act, the Department, at the request of the Commission,

HB3135 Enrolled - 26 - LRB103 27775 LNS 54153 b
may take whatever action may be authorized for the enforcement
of Commission orders.
(Source: P.A. 86-910.)
(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 3
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.
The respondent on the charge, in the case of dismissal, or the
complainant, in the case of default, may file a response to the
request for review.
(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. Within
120 days after the effective date of this amendatory Act of the
100th General Assembly, the Commission shall adopt rules of
minimum standards for the contents of responses to requests
for review, including, but not limited to, proposed statements

HB3135 Enrolled - 27 - LRB103 27775 LNS 54153 b
of uncontested facts and proposed statements of the legal
issues.
(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 until 30 days after to the
date on which the Commission's order is served on the chief
legal counsel of the Department 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.

HB3135 Enrolled - 28 - LRB103 27775 LNS 54153 b
(G) The changes made to this Section by this amendatory
Act of the 100th General Assembly apply to charges filed or
pending with the Department or Commission on or after the
effective date of this amendatory Act of the 100th General
Assembly.
(Source: P.A. 100-1066, eff. 8-24-18.)
(775 ILCS 5/8A-102) (from Ch. 68, par. 8A-102)
Sec. 8A-102. Hearing on Complaint.
(A) Services. Within five days after a complaint is filed
by the Department, or the aggrieved party, as the case may be,
the Commission shall cause it to be served on the respondent
together with a notice of hearing before a hearing officer of
the Commission at a place therein fixed.
(B) Time and Location of Hearing. An initial hearing date
shall be scheduled for not less than 30 thirty nor more than 90
ninety days after service of the complaint at a place that is
within 100 one hundred miles of the place at which the civil
rights violation is alleged to have occurred. The hearing
officer may, for good cause shown, extend the date of the
hearing.
(B-5) Intervention by the Department.
(1) After the filing of a complaint under Article 2,
4, 5, 5A, or 6, the Department may petition and shall be
permitted to intervene as a party in the proceeding if the
Commission determines that:

HB3135 Enrolled - 29 - LRB103 27775 LNS 54153 b
(i) the Department has an interest different from
one or more of the parties;
(ii) the expertise of the Department makes it
better suited to articulate a particular point of
view; or
(iii) the representation of the Department's
interest by existing parties is or may be inadequate
and the Department will or may be bound by an order or
judgment in the action.
(2) The Department, as an intervenor, shall have all
of the rights of an original party subject to the order of
the administrative law judge.
(3) Upon such intervention, the Commission may award
such relief as is authorized to be granted to a
complainant under Section 8A-104.
(C) Amendment.
(1) A complaint may be amended under oath by leave of
the presiding hearing officer, for good cause shown, upon
timely written motion and reasonable notice to all
interested parties at any time prior to the issuance of a
recommended order pursuant to Section 8A-102(I) or
8B-102(J). The amended complaint shall be served upon all
parties of record and the Department of Human Rights by
the complainant, or by the Department if it prepared and
filed the amended complaint, within 7 days of the date of
the order permitting its filing or such additional time as

HB3135 Enrolled - 30 - LRB103 27775 LNS 54153 b
the hearing officer may order. Amendments to the complaint
may encompass any unlawful discrimination which is like or
reasonably related to the charge and growing out of the
allegations in such charge, including, but not limited to,
allegations of retaliation.
(2) A motion that the complaint be amended to conform
to the evidence, made prior to the close of the public
hearing, may be addressed orally on the record to the
hearing officer, and shall be granted for good and
sufficient cause.
(D) Answer.
(1) The respondent shall file an answer under oath or
affirmation to the original or amended complaint within 30
days of the date of service thereof, but the hearing
officer may, for good cause shown, grant further time for
the filing of an answer.
(2) When the respondent files a motion to dismiss the
complaint within 30 days and the motion is denied by the
hearing officer, the time for filing the answer shall be
within 15 days of the date of denial of the motion.
(3) Any allegation in the complaint which is not
denied or admitted in the answer is deemed admitted unless
the respondent states in the answer that the respondent he
is without sufficient knowledge or information to form a
belief with respect to such allegation.
(4) The failure to file an answer is deemed to

HB3135 Enrolled - 31 - LRB103 27775 LNS 54153 b
constitute an admission of the allegations contained in
the complaint.
(5) The respondent has the right to amend the
respondent's his answer, upon leave of the hearing
officer, for good cause shown.
(E) Proceedings In Forma Pauperis.
(1) If the hearing officer is satisfied that the
complainant or respondent is a poor person, and unable to
prosecute or defend the complaint and pay the costs and
expenses thereof, the hearing officer may permit the party
to commence and prosecute or defend the action as a poor
person. Such party shall have all the necessary subpoenas,
appearances, and proceedings without prepayment of witness
fees or charges. Witnesses shall attend as in other cases
under this Act and the same remedies shall be available
for failure or refusal to obey the subpoena as are
provided for in Section 8-104 of this Act.
(2) A person desiring to proceed without payment of
fees or charges shall file with the hearing officer an
affidavit stating that the person he is a poor person and
unable to pay costs, and that the action is meritorious.
(F) Discovery. The procedure for obtaining discovery of
information from parties and witnesses shall be specified by
the Commission in rules. If no rule has been promulgated by the
Commission on a particular type of discovery, the Code of
Civil Procedure may be considered persuasive authority. The

HB3135 Enrolled - 32 - LRB103 27775 LNS 54153 b
types of discovery shall be the same as in civil cases in the
circuit courts of this State, provided, however, that a party
may take discovery depositions only upon leave of the hearing
officer and for good cause shown.
(G) Hearing.
(1) Both the complainant and the respondent may appear
at the hearing and examine and cross-examine witnesses.
(2) The testimony taken at the hearing shall be under
oath or affirmation and a transcript shall be made and
filed in the office of the Commission.
(3) The testimony taken at the hearing is subject to
the same rules of evidence that apply in courts of this
State in civil cases.
(H) Compelling Appearance of Parties at Hearing. The
appearance at the hearing of a party or a person who at the
time of the hearing is an officer, director, or employee of a
party may be required by serving the party with a notice
designating the person who is required to appear. The notice
also may require the production at the hearing of documents or
tangible things. If the party or person is a nonresident of the
county, the hearing officer may order any terms and conditions
in connection with the party's or person's his appearance at
the hearing that are just, including payment of the party's or
person's his reasonable expenses. Upon a failure to comply
with the notice, the hearing officer may enter any order that
is just.

HB3135 Enrolled - 33 - LRB103 27775 LNS 54153 b
(I) Decision.
(1) When all the testimony has been taken, the hearing
officer shall determine whether the respondent has engaged
in or is engaging in the civil rights violation with
respect to the person aggrieved as charged in the
complaint. A determination sustaining a complaint shall be
based upon a preponderance of the evidence.
(2) The hearing officer shall make findings of fact in
writing and, if the finding is against the respondent,
shall issue and cause to be served on the parties and the
Department a recommended order for appropriate relief as
provided by this Act.
(3) If, upon all the evidence, the hearing officer
finds that a respondent has not engaged in the
discriminatory practice charged in the complaint or that a
preponderance of the evidence does not sustain the
complaint, the hearing officer he shall state the hearing
officer's his findings of fact and shall issue and cause
to be served on the parties and the Department a
recommended order dismissing the complaint.
(4) The findings and recommended order of the hearing
officer shall be filed with the Commission. The findings
and recommended order may be authored by a hearing officer
other than the hearing officer who presides at the public
hearing if:
(a) the hearing officer who presides at the public

HB3135 Enrolled - 34 - LRB103 27775 LNS 54153 b
hearing is unable to author the findings and
recommended order by reason of death, disability, or
separation from employment; and
(b) all parties to a complaint file a joint motion
agreeing to have the findings and recommended order
written by a hearing officer who did not preside at the
public hearing.
(5) A recommended order dismissing a complaint may
include an award of reasonable attorneys fees in favor of
the respondent against the complainant or the
complainant's attorney, or both, if the hearing officer
concludes that the complaint was frivolous, unreasonable
or groundless or that the complainant continued to
litigate after it became clearly so.
(6) The hearing officer may issue a recommended order
of dismissal with prejudice or a recommended order of
default as a sanction for the failure of a party to
prosecute the party's his or her case, file a required
pleading, appear at a hearing, or otherwise comply with
this Act, the rules of the Commission, or a previous order
of the hearing officer.
(Source: P.A. 92-472, eff. 1-1-02.)
(775 ILCS 5/10-101) (from Ch. 68, par. 10-101)
Sec. 10-101. Applicability. With the exception of Sections
Section 10-104 and 10-105, this Article shall apply solely to

HB3135 Enrolled - 35 - LRB103 27775 LNS 54153 b
civil actions arising under Article 3 of this Act.
(Source: P.A. 93-1017, eff. 8-24-04.)
(775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
Sec. 10-102. Court Actions.
(A) Circuit Court Actions.
(1) An aggrieved party may commence a civil action in
an appropriate Circuit Court not later than 2 years after
the occurrence or the termination of an alleged civil
rights violation or the breach of a conciliation or
settlement agreement entered into under this Act,
whichever occurs last, to obtain appropriate relief with
respect to the alleged civil rights violation or breach.
The plaintiff or defendant may demand trial by jury for
civil actions brought under this subsection. Venue for
such civil action shall be determined under Section
8-111(A)(1).
(2) The computation of such 2-year period shall not
include any time during which an administrative proceeding
under this Act was pending with respect to a complaint or
charge under this Act based upon the alleged civil rights
violation. This paragraph does not apply to actions
arising from a breach of a conciliation or settlement
agreement.
(3) An aggrieved party may commence a civil action
under this subsection whether or not a charge has been

HB3135 Enrolled - 36 - LRB103 27775 LNS 54153 b
filed under Section 7B-102 and without regard to the
status of any such charge, however, if the Department or
local agency has obtained a conciliation or settlement
agreement with the consent of an aggrieved party, no
action may be filed under this subsection by such
aggrieved party with respect to the alleged civil rights
violation practice which forms the basis for such
complaint except for the purpose of enforcing the terms of
such conciliation or settlement agreement.
(4) An aggrieved party shall not commence a civil
action under this subsection with respect to an alleged
civil rights violation which forms the basis of a
complaint issued by the Department if a hearing officer
has commenced a hearing on the record under Article 3 of
this Act with respect to such complaint.
(B) Appointment of Attorney by Court. Upon application by
a person alleging a civil rights violation or a person against
whom the civil rights violation is alleged, if in the opinion
of the court such person is financially unable to bear the
costs of such action, the court may:
(1) appoint an attorney for such person, any attorney
so appointed may petition for an award of attorneys fees
pursuant to subsection (C)(2) of this Section; or
(2) authorize the commencement or continuation of a
civil action under subsection (A) without the payment of
fees, costs, or security.

HB3135 Enrolled - 37 - LRB103 27775 LNS 54153 b
(C) Relief which may be granted.
(1) In a civil action under subsection (A) if the
court finds that a civil rights violation has occurred or
is about to occur, the court may award to the plaintiff
actual and punitive damages, and may grant as relief, as
the court deems appropriate, any permanent or preliminary
injunction, temporary restraining order, or other order,
including an order enjoining the defendant from engaging
in such civil rights violation or ordering such
affirmative action as may be appropriate.
(2) In a civil action under subsection (A), the court,
in its discretion, may allow the prevailing party, other
than the State of Illinois, reasonable attorneys fees and
costs. The State of Illinois shall be liable for such fees
and costs to the same extent as a private person.
(D) Intervention by the Attorney General By The
Department. If the Department certifies that the case is of
general public importance, the The Attorney General of
Illinois may seek to intervene on behalf of the Department in a
civil action filed by a complainant in State or federal court
under this Section if the Department certifies that the case
is of general public importance. Upon such intervention, the
court may award any of the remedies set forth in Section 8B-104
and subsection (B) of Section 10-104 such relief as is
authorized to be granted to a plaintiff in a civil action under
Section 10-102(C).

HB3135 Enrolled - 38 - LRB103 27775 LNS 54153 b
(Source: P.A. 101-661, eff. 4-2-21; 102-706, eff. 4-22-22.)
(775 ILCS 5/10-105 new)
Sec. 10-105. Intervention by the Attorney General. If the
Department certifies that the case is of general public
importance, the Attorney General may seek to intervene on
behalf of the Department in a civil action filed by a
complainant in State or federal court under Section 7A-102.
Upon such intervention, the court or jury may award any of the
remedies set forth in Section 8A-104 and subsection (B) of
Section 10-104.