Bill Text: IL HB4827 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Human Rights Act. Provides that the Department of Human Rights may petition and shall be permitted as a matter of right to intervene as a party in the proceeding if the Commission determines that: (i) the case involves matters of public interest or importance beyond the issues in the case; (ii) the Department has an interest different from one or more of the parties; (iii) the expertise of the Department makes it better suited to articulate a particular point of view; or (iv) 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 the Department, as an intervenor, shall have all of the rights of an original party. Allows the Attorney General to intervene on behalf of the Department in a civil action filed by a complainant in State or federal court if the Department certifies that the case is of general public importance. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4827 Detail]

Download: Illinois-2019-HB4827-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4827 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED:
775 ILCS 5/7-101 from Ch. 68, par. 7-101
775 ILCS 5/8A-102 from Ch. 68, par. 8A-102
775 ILCS 5/10-101 from Ch. 68, par. 10-101
775 ILCS 5/10-105 new
Amends the Illinois Human Rights Act. Provides that the Department of Human Rights may petition and shall be permitted as a matter of right to intervene as a party in the proceeding if the Commission determines that: (i) the case involves matters of public interest or importance beyond the issues in the case; (ii) the Department has an interest different from one or more of the parties; (iii) the expertise of the Department makes it better suited to articulate a particular point of view; or (iv) 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 the Department, as an intervenor, shall have all of the rights of an original party. Allows the Attorney General to intervene on behalf of the Department in a civil action filed by a complainant in State or federal court if the Department certifies that the case is of general public importance. Makes conforming changes.
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A BILL FOR
HB4827 LRB101 16919 LNS 70186 b
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, 8A-102, and 10-101 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 filed
under this Act pending before the Commission.
(E) Judicial Enforcement. To seek temporary relief and to
enforce orders of the Commission in conformity with this Act.

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(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) Public Grants; Private Gifts. To accept public grants
and private gifts as may be authorized.
(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;
(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

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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. 99-74, eff. 7-20-15.)
(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 thirty nor more than
ninety days after service of the complaint at a place that is

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within 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, the Department may
petition and shall be permitted as a matter of right to
intervene as a party in the proceeding if the Commission
determines that: (i) the case involves matters of public
interest or importance beyond the issues in the case; (ii) the
Department has an interest different from one or more of the
parties; (iii) the expertise of the Department makes it better
suited to articulate a particular point of view; or (iv) 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

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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 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.

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(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 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
constitute an admission of the allegations contained in the
complaint.
(5) The respondent has the right to amend 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 he is a poor person and unable to
pay costs, and that the action is meritorious.

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(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 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

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in connection with his appearance at the hearing that are just,
including payment of his reasonable expenses. Upon a failure to
comply with the notice, the hearing officer may enter any order
that is just.
(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, he shall state 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

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other than the hearing officer who presides at the public
hearing if:
(a) the hearing officer who presides at the public
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 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.)

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(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
civil actions arising under Article 3 of this Act.
(Source: P.A. 93-1017, eff. 8-24-04.)
(775 ILCS 5/10-105 new)
Sec. 10-105. Intervention by the Attorney General. The
Attorney General may intervene on behalf of the Department in a
civil action filed by a complainant in State or federal court
under Section 7A-102 if the Department certifies that the case
is of general public importance. Upon such intervention, the
court or jury may award any of the remedies under Section
8A-104.