Illinois Compiled Statutes
775 ILCS 5/ - Illinois Human Rights Act.
Article 7A - Department Of Human Rights; Procedures Under Articles 2, 4, 5, 5a And 6

(775 ILCS 5/Art. 7A heading)

(775 ILCS 5/7A-101) (from Ch. 68, par. 7A-101)
Sec. 7A-101.
The procedures specified in this Article shall apply
solely to Articles 2, 4, 5, and 5A and Sections 6-101 and 6-102 of Article 6.

(Source: P.A. 102-362, eff. 1-1-22.)

(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
Sec. 7A-102. Procedures.
(A) Charge.
(A-1) Equal Employment Opportunity Commission Charges.
(B) Notice and Response to Charge.
The Department shall, within 10
days of the date on which the charge
was filed, serve 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 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 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. 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 his or her representative. A party
shall have the right to supplement 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) 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.
(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 that a complaint has been filed with the appropriate circuit court or other appropriate court of competent jurisdiction and shall mail a copy of the complaint to the Department and the respondent on the same date that the complaint is filed with the appropriate court. Once a complainant has opted out of the investigation under this subsection, 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.
(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.
(F) Complaint.
(G) Time Limit.
(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-103) (from Ch. 68, par. 7A-103)
Sec. 7A-103. Settlement.
(A) Circumstances. A settlement of any
charge prior to the filing of a complaint may be
effectuated at any time upon agreement of the
parties and the approval of the Department.
A settlement of any charge after the filing of a complaint shall be
effectuated as specified in Section 8-105(A)(2) of this Act.
(B) Form. Settlements of charges prior to the filing of
complaints shall be reduced to writing by the
Department, signed by the parties, and submitted by the Department to
the Commission for approval.
Settlements of charges after the filing of complaints shall be
effectuated as specified in Section 8-105(A)(2) of this Act.
(C) Violation.
(D) Dismissal For Refusal To Accept Settlement Offer. The
Department shall dismiss a charge if it is satisfied that:
When the Department dismisses a charge under this Section
it
shall notify the complainant that he or she may seek review of the
dismissal order before the Commission. The
complainant shall have 30
days from receipt of notice to file a request for review by the Commission.
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 Department 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.
(E) Public Act 89-370 applies to causes of action filed on or
after January 1, 1996.
(F) The changes made to this Section by Public Act 95-243 apply to charges filed on or
after the effective date of those changes.

(Source: P.A. 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.
(B) Expedited Proceedings.
(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.)