Illinois Compiled Statutes
775 ILCS 5/ - Illinois Human Rights Act.
Article 8 - Illinois Human Rights Commission

(775 ILCS 5/Art. 8 heading)

(775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
Sec. 8-101. Illinois Human Rights Commission.
(A) Creation; appointments. The Human Rights Commission is created to consist
of 7 members appointed by the Governor with the advice and consent of the
Senate. No more than 4 members shall be of the same political party. The
Governor shall designate one member as chairperson. All appointments shall
be in writing and filed with the Secretary of State as a public record.
(B) Terms. Of the members first appointed, 4 shall be appointed for a
term to expire on the third Monday of January, 2021, and 3 (including the
Chairperson) shall be appointed for a term to expire on the third Monday
of January, 2023.
Notwithstanding any provision of this Section to the contrary, the term
of office of each member of the Illinois Human Rights Commission is
abolished on January 19, 2019. Incumbent members holding a position on the Commission that was created by Public Act 84-115 and whose terms, if not for this amendatory Act of the 100th General Assembly, would have expired January 18, 2021 shall continue to exercise all of the powers and be
subject to all of the duties of members of the Commission until June 30, 2019 or until
their respective successors are appointed and qualified, whichever is earlier.
Thereafter, each member shall serve for a term of 4 years
and until his or her successor is appointed and qualified; except that any
member chosen to fill a vacancy occurring otherwise than by expiration of
a term shall be appointed only for the unexpired term of the member whom
he or she shall succeed and until his or her successor is appointed and
qualified.
(C) Vacancies.
(D) Compensation. On and after January 19, 2019, the Chairperson of the Commission shall be compensated
at the rate of $125,000 per year, or as set by the Compensation Review
Board, whichever is greater, during his or her service as Chairperson,
and each other member shall be compensated at the rate of $119,000 per
year, or as set by the Compensation Review Board, whichever is greater.
In addition, all members of the Commission shall be reimbursed for expenses
actually and necessarily incurred by them
in the performance of their duties.
(E) Notwithstanding the general supervisory authority of the Chairperson, each commissioner, unless appointed to the special temporary panel created under subsection (H), has the authority to hire and supervise a staff attorney. The staff attorney shall report directly to the individual commissioner.
(F) A formal training program for newly appointed commissioners shall be implemented. The training program shall include the following:
A formal and ongoing professional development program including, but not limited to, the above-noted areas shall be implemented to keep commissioners informed of recent developments and issues and to assist them in maintaining and enhancing their professional competence. Each commissioner shall complete 20 hours of training in the above-noted areas during every 2 years the commissioner remains in office.
(G) Commissioners must meet one of the following qualifications:
The Governor's appointment message, filed with the Secretary of State and transmitted to the Senate, shall state specifically how the experience of a nominee for commissioner meets the requirement set forth in this subsection. The Chairperson must have public or private sector management and budget experience, as determined by the Governor.
Each commissioner shall devote full time to his or her duties and any commissioner who is an attorney shall not engage in the practice of law, nor shall any commissioner hold any other office or position of profit under the United States or this State or any municipal corporation or political subdivision of this State, nor engage in any other business, employment, or vocation.
(H) Notwithstanding any other provision of this Act, the Governor shall appoint, by and with the consent of the Senate, a special temporary panel of commissioners comprised of 3 members. The members shall hold office until the Commission, in consultation with the Governor, determines that the caseload of requests for review has been reduced sufficiently to allow cases to proceed in a timely manner, or for a term of 18 months from the date of appointment by the Governor, whichever is earlier. Each of the 3 members shall have only such rights and powers of a commissioner necessary to dispose of the cases assigned to the special panel. Each of the 3 members appointed to the special panel shall receive the same salary as other commissioners for the duration of the panel. The panel shall have the authority to hire and supervise a staff attorney who shall report to the panel of commissioners.
(Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20.)

(775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
Sec. 8-102. Powers and duties. In addition to the other powers
and duties prescribed in this Act, the Commission shall have the following
powers and duties:
The provisions of Public Act 89-370 amending subsection (G)
of this Section apply to causes of action filed on or after January 1, 1996.

(Source: P.A. 100-1066, eff. 8-24-18; 101-81, eff. 7-12-19.)

(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 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 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
to the date
on which the Commission's order is 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.
(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 5/8-104) (from Ch. 68, par. 8-104)
Sec. 8-104.
Compulsory Process.
(A) Subpoenas. Any member of the
Commission may issue a subpoena:
(B) Form. The subpoena shall be on a form prescribed by the
Commission in its rules and regulations, and a copy of the subpoena shall be
served upon all parties of record by the party requesting the subpoena.
(C) Content. A subpoena may be issued when necessary to compel the
attendance of a witness or to require the production for examination of
any relevant books, records or documents whatsoever.
(D) Contests.
(E) Enforcement.
(F) Witnesses.
(G) Service of Process.
(Source: P.A. 89-370, eff. 8-18-95.)

(775 ILCS 5/8-105) (from Ch. 68, par. 8-105)
Sec. 8-105. Settlement.
(A) Approval.
(B) Violation. When the Department files notice of a settlement order
violation, the Commission, through a panel of three members, may either
order the Department to seek enforcement of the settlement order pursuant
to paragraph (C) of Section 8-111 or remand for any type of hearing as it
may deem necessary pursuant to paragraph (D) of Section 8A-103.
(C) Dismissal for Refusal to Accept Settlement Offer. The Commission
shall dismiss a complaint and the underlying charge or charges of
the
complaint if the Commission is satisfied that:
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 Commission 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.
At any time after the service of a complaint pursuant to Section 8A-102
of this Act, and prior to service of a decision prepared pursuant to
Section 8A-102(I), a respondent may move for a recommended
order dismissing
a complaint and the underlying charge or charges for complainant's refusal
to accept terms of settlement that are sufficient to eliminate the effects
of the civil rights violation charged in the complaint and to eliminate
repetition of the violation. Respondent's motion and complainant's reply, if
any, shall
comply with the requirements for summary decision set forth in Section
8-106.1 of this Act.
(D) This amendatory Act of 1996 applies to causes of action filed on or
after January 1, 1996.

(Source: P.A. 101-661, eff. 4-2-21.)

(775 ILCS 5/8-106)
Sec. 8-106. (Renumbered).

(Source: Renumbered by P.A. 86-910, eff. 9-11-89.)

(775 ILCS 5/8-106.1) (from Ch. 68, par. 8-106.1)
Sec. 8-106.1. Summary Decision.
(1) At any time after the service of a
complaint and prior to service of a decision pursuant to Section 8A-102(I) or 8B-102(J),
complainant or respondent may move with or without supporting affidavits
for a summary order in the moving party's favor as to all or any part of
the relief sought. A hearing officer may
not preclude the filing of said motion except within the 60-day period prior to
hearing on the merits of the complaint.
(2) Procedure. The non-moving party may file counteraffidavits prior to
the time of the ruling on the motion. The hearing officer shall decide the
motion
without delay and shall grant it if the pleadings and affidavits, if any,
show that there is
no genuine issue as to any material fact and that the moving party is
entitled to a recommended order as a matter of law. The term "without delay"
shall be defined by rule promulgated by the Commission. An interim summary
recommended order, interlocutory in character, may be rendered on the issue
of liability alone although there is a genuine issue as to the relief to be
awarded.
(3) Affidavits or Motions Made in Bad Faith. If it appears to the
satisfaction of
the hearing officer at any time that any affidavit or motion presented pursuant
to
this Section is presented in bad faith or solely for the purpose of delay,
the hearing officer may recommend that the party employing the use of
affidavits for dilatory purposes shall pay to the
other party the amount of reasonable expenses incurred as a result of the
filing of the affidavit or motion, including reasonable attorney's fees.

(Source: P.A. 101-661, eff. 4-2-21.)

(775 ILCS 5/8-107)
Sec. 8-107. (Renumbered).

(Source: Renumbered by P.A. 86-910, eff. 9-11-89.)

(775 ILCS 5/8-108)
Sec. 8-108. (Renumbered).

(Source: Renumbered by P.A. 86-910, eff. 9-11-89.)

(775 ILCS 5/8-109) (from Ch. 68, par. 8-109)
Sec. 8-109. Specific penalties; public contracts; licensees; public
officials. In addition to the penalties and forms of relief set forth
in Section 8A-104, a hearing officer may recommend and the Commission or
any three member panel thereof may:
(Source: P.A. 101-221, eff. 1-1-20.)

(775 ILCS 5/8-109.1)
Sec. 8-109.1. Civil penalties; failure to report; failure to train.
(A) A hearing officer may recommend the Commission or any 3-member panel thereof may:
(B) An employer who violates Section 2-108, 2-109, or 2-110 is subject to a civil penalty as follows:
(C) The appropriateness of the penalty to the size of the employer charged, the good faith efforts made by the employer to comply, and the gravity of the violation shall be considered in determining the amount of the civil penalty.

(Source: P.A. 101-221, eff. 1-1-20.)

(775 ILCS 5/8-110) (from Ch. 68, par. 8-110)
Sec. 8-110. Publication of opinions. Decisions of the Commission or panels
thereof, whether on requests for review or
complaints, shall be
made available on the Commission's website and to online legal research companies within 14 calendar days after publication by the Commission as required by subsection (J) of Section 8-102. Published decisions shall be subject to the Personal Information Protection Act.

(Source: P.A. 100-1066, eff. 8-24-18.)

(775 ILCS 5/8-111) (from Ch. 68, par. 8-111)
Sec. 8-111. Court Proceedings.
(A) Civil Actions Commenced in Circuit Court.
(B) Judicial Review.
(C) Judicial Enforcement.
(D) Limitation. Except as otherwise provided by law, no court of this
state shall have jurisdiction over the subject of an alleged civil rights
violation other than as set forth in this Act.
(E) This amendatory Act of 1996 applies to causes of action filed on or
after January 1, 1996.
(F) The changes made to this Section by this amendatory Act of the 95th General Assembly apply to charges or complaints filed with the Department or the Commission on or
after the effective date of those changes.

(Source: P.A. 101-661, eff. 4-2-21; 102-706, eff. 4-22-22.)

(775 ILCS 5/8-112) (from Ch. 68, par. 8-112)
Sec. 8-112.

Public Grants; Private Gifts) The commission is authorized
to accept public grants and private gifts and bequests so long as the conditions
of the grant, gift, or bequest are not inconsistent with the purposes of this Act.

(Source: P.A. 81-1216.)

(775 ILCS 5/8-113) (from Ch. 68, par. 8-113)
Sec. 8-113.
Immigration.
The Human Rights Commission and the
Department of Human Rights are authorized to receive and collect
information concerning employment discrimination in relation to persons
affected by the federal Immigration Reform and Control Act of 1986, and
the Human Rights Commission and the Department of Human Rights are
authorized to cooperate with the United States General Accounting Office in
providing such information as may be necessary or appropriate for the
preparation of the report of the Comptroller General of the United States
on discrimination and the implementation of employer sanctions pursuant to
that Act. The Human Rights Commission and Department of Human Rights shall
coordinate their activities under this Section, and report to the Governor
or his designee.

(Source: P.A. 85-139.)