Illinois Compiled Statutes
775 ILCS 5/ - Illinois Human Rights Act.
Article 8A - Illinois Human Rights Commission; Procedures Under Articles 2, 4, 5, 5a And 6

(775 ILCS 5/Art. 8A heading)

(775 ILCS 5/8A-101) (from Ch. 68, par. 8A-101)
Sec. 8A-101. 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 5/8A-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 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.
(C) Amendment.
(D) Answer.
(E) Proceedings In Forma Pauperis.
(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.
(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 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.
(Source: P.A. 92-472, eff. 1-1-02.)

(775 ILCS 5/8A-102.5)
Sec. 8A-102.5.
Alternative hearing procedure.
(A) All parties shall be given the right to proceed under this Section.
(B) If all parties to a complaint stipulate to proceedings under this
Section, the complaint shall be resolved in the following manner:
(C) There is no right of appeal of orders issued under this
Section. By stipulating to resolution of the complaint under this Section,
the parties waive all right of appeal except for orders
procured by fraud or duress.
(D) Final orders issued under this Section are enforceable in
the same manner as orders issued by the Commission.

(Source: P.A. 89-370, eff. 8-18-95.)

(775 ILCS 5/8A-103) (from Ch. 68, par. 8A-103)
Sec. 8A-103. Review by Commission.
(A) Exceptions. Within 30 days of the receipt of service of the hearing
officer's recommended order, a party may file with the Commission any
written exceptions to any part of the order. Exceptions shall be supported
by argument and served on all parties at the time they are filed. If no
exceptions are filed, the recommended order shall become the order of the
Commission without further review. The Commission shall issue a notice that no exceptions have been filed no later than 30 days after the exceptions were due.
(B) Response. Within 21 days of the receipt of service of exceptions,
a party may file with the Commission any response to the exceptions.
Responses shall be supported by argument and served on all parties at the
time they are filed.
(C) Oral Argument. A party may request oral argument at the time of filing
exceptions or a response to exceptions. When any party requests oral argument
in this manner, the Commission may schedule oral argument to be
heard
by a panel of 3 Commission members. If the panel grants oral argument, it shall notify all parties
of the time and place of argument. Any party so notified may present
oral argument.
(D) Remand.
(E) Review.
(F) Rehearing.
(G) Modification of Order.
(H) Extensions of time. All motions for extensions of time with
respect to matters being considered by the Commission shall be decided by
the full Commission or a 3-member panel. If a motion for extension of
time cannot be ruled upon before the filing deadline sought to be
extended, the Chairperson of the Commission shall be authorized to extend
the filing deadline to the date of the next Commission meeting at which the
motion can be considered.

(Source: P.A. 100-1066, eff. 8-24-18; 100-1154, eff. 12-19-18.)

(775 ILCS 5/8A-104) (from Ch. 68, par. 8A-104)
Sec. 8A-104.
Relief; Penalties.
Upon finding a civil rights
violation, a hearing officer may recommend and the Commission or any
three-member panel thereof may provide for any relief or penalty
identified in this Section, separately or in combination, by entering an
order directing the respondent to:
(A) Cease and Desist Order. Cease and desist from any violation of
this Act.
(B) Actual Damages. Pay actual damages, as reasonably determined by
the Commission, for injury or loss suffered by the complainant.
(C) Hiring; Reinstatement; Promotion; Backpay; Fringe Benefits.
Hire, reinstate or upgrade the complainant with or without back pay or
provide such fringe benefits as the complainant may have been denied.
(D) Restoration of Membership; Admission To Programs. Admit or
restore the complainant to labor organization membership, to a guidance
program, apprenticeship training program, on the job training program,
or other occupational training or retraining program.
(E) Public Accommodations. Admit the complainant to a public
accommodation.
(F) Services. Extend to the complainant the full and equal
enjoyment of the goods, services, facilities, privileges, advantages, or
accommodations of the respondent.
(G) Attorneys Fees; Costs. Pay to the complainant all or a portion
of the costs of maintaining the action, including reasonable attorney
fees and expert witness fees incurred in maintaining this action before the
Department, the Commission and in any judicial review and judicial
enforcement proceedings. Provided, however, that no award of attorney
fees or costs shall be made pursuant to this amendatory Act of 1987 with
respect to any charge for which the complaint before the Commission was
filed prior to December 1, 1987. With respect to all charges for which
complaints were filed with the Commission prior to December 1, 1987,
attorney fees and costs shall be awarded pursuant to the terms of this
subsection as it existed prior to revision by this amendatory Act of 1987.
(H) Compliance Report. Report as to the manner of compliance.
(I) Posting of Notices. Post notices in a conspicuous place which
the Commission may publish or cause to be published setting forth
requirements for compliance with this Act or other relevant information
which the Commission determines necessary to explain this Act.
(J) Make Complainant Whole. Take such action as may be necessary to make
the individual complainant whole, including, but not limited to, awards of
interest on the complainant's actual damages and backpay from the date of the
civil rights violation. Provided, however, that no award of prejudgment
interest shall be made pursuant to this amendatory Act of 1987 with respect
to any charge in which the complaint before the Commission was filed prior
to December 1, 1987. With respect to all charges for which complaints were
filed with the Commission prior to December 1, 1987, make whole relief
shall be awarded pursuant to this subsection as it existed prior to
revision by this amendatory Act of 1987.
There shall be no distinction made under this Section between complaints
filed by the Department and those filed by the aggrieved party.

(Source: P.A. 86-910.)