SB 3747

Abstract

Amends the Illinois Human Rights Act. Provides that the Department of Human Rights shall (instead of may) administratively close a charge pending before the Department if the issues which are the basis of the charge are being litigated in a State or federal court proceeding. Amends provisions concerning charges filed under the Real Estate Transactions Article. Adds language providing that: the Department shall issue its report within 365 days after the filing of a charge or any agreed extension; if the Department does not do so, the aggrieved party has 90 days to file a complaint with the Human Rights Commission or commence a civil action; if the aggrieved party files a complaint or commences a civil action or the time for doing so has expired, the Department shall cease its investigation and dismiss the charge. Provides that the failure of the Department to do so constitutes grounds for a circuit court order permanently enjoining the investigation, and the Department may be liable for costs, attorney's fees, and damages incurred by the respondent as a result of the action of the Department; the Department shall stay administrative proceedings after the filing of a civil action; and, if a civil action is filed, the Department shall act no further on the charge and shall close the file. Deletes language providing that: the Department shall, within 100 days after the filing of a charge, unless it is impracticable to do so, issue and file a complaint or issue an order that no complaint be issued; the Department's failure to issue and file a complaint or issue an order that no complaint be issued within 100 days after the filing of a charge does not deprive the Department of jurisdiction; and the Director of Human Rights shall make available to the aggrieved party and the respondent, upon request following completion of the Department's investigation, information derived from an investigation and any final investigative report.