HB 3135

Abstract

Amends the Illinois Human Rights Act. Requires, in various situations, a complainant to notify the Department of Human Rights that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department on the same date that the complaint is filed in circuit court. Requires a complainant who chooses to file a complaint with the Human Rights 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 on the same date that the complaint is filed with the Commission. Makes conforming changes. House Floor Amendment No. 2 Adds reference to: 775 ILCS 5/7-101 from Ch. 68, par. 7-101 775 ILCS 5/7A-104 from Ch. 68, par. 7A-104 775 ILCS 5/7B-104 from Ch. 68, par. 7B-104 775 ILCS 5/8-103 from Ch. 68, par. 8-103 775 ILCS 5/8A-102 from Ch. 68, par. 8A-102 775 ILCS 5/10-101 from Ch. 68, par. 10-101 775 ILCS 5/10-102 from Ch. 68, par. 10-102 775 ILCS 5/10-105 new Replaces everything after the enacting clause. 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. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: In a provision regarding opting out of a Department of Human Rights investigation, requires a complainant to notify the Department (rather than the Department and the respondent) that a complaint has been filed with the appropriate circuit court (rather than with the appropriate circuit court or other appropriate court of competent jurisdiction) by serving (rather than mail) a copy of the complaint on the chief legal counsel of the Department (rather than the Department and the respondent) within 21 days from the date (rather than on the same date) that the complaint is filed with the appropriate circuit court. Provides that the 21-day period for service on the chief legal counsel shall not be construed to be jurisdictional.