Cook County, IL Human Rights

Type: Ordinance
Status: Adopted on 3/16/93
Source File: http://www.cookcountygov.com/PDFTransfers/cc_human_rights_ord.pdf
Text:
I. PREAMBLE
WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the
State of Illinois provides that "a County which has a Chief Executive
Officer elected by the electors of the County...[is] a Home Rule Unit"
and the County of Cook, Illinois (the "County"), has a Chief Executive
Officer elected by the electors of the County and is therefore a Home
Rule Unit and may, under the powers granted by said Section 6(a) of
Article VII of said Constitution of 1970, exercise any power and
perform any function pertaining to its government and affairs; and
WHEREAS, prejudice, intolerance, bigotry, and discrimination
occasioned thereby threaten the rights and proper privileges of the
County's inhabitants and menace the institutions and foundation of a
free and democratic society; and
WHEREAS, behavior which denies equal treatment to any individual
because of his or her race, color, sex, age, religion, disability,
national origin, ancestry, sexual orientation, marital status,
parental status, military discharge status, source of income, or
housing status undermines civil order and deprives individuals of the
benefits of a free and open society; and
WHEREAS, in order to create a free and open society, it is necessary to provide the protection set forth herein on a county-
wide basis:
BE IT AND IT IS HEREBY ORDAINED by the Cook County Board of
Commissioners, AN ORDINANCE to assure that individuals within the
jurisdiction of Cook County shall be protected in the enjoyment of
civil rights, and to promote mutual understanding and respect among
all who live and work within this County.
The provisions of this Ordinance shall be liberally construed for the
accomplishment of its purpose. Nothing in this Ordinance shall be
construed to limit rights granted under the laws of the State of
Illinois or the United States. This Ordinance shall be known and may
be cited as the "Cook County Human Rights Ordinance."
II. DEFINITIONS
Whenever used in this Ordinance, unless otherwise defined herein:
(A) "Age" means chronological age of not less than 40 years.
(B) "Credit transaction" means the grant, denial, extension or
termination of credit to an individual.
(C) "Disability" means (1) a physical or mental impairment that
substantially limits one or more of the major life activities of an
individual; (2) a record of such an impairment; or (3) being regarded
as having such an impairment. Excluded from this definition is an
impairment relating to the illegal use, possession or distribution of
"controlled substances" as defined in schedules I through V of the
Controlled Substances Act (21 U.S.C. 812).
(D) "Employee" means (1) any individual whether paid or unpaid,
engaged in employment for an employer; or (2) an applicant for
employment.
(E) (1) "Employer" means any person employing one or more employees,
or seeking to employ one or more employees, (a) if the person has its
principal place of business within Cook County; or (b) does business
within Cook County. (2) "Employer" does not mean (a) the government of
the United States or a corporation wholly owned by the government of
the United States; (b) an Indian tribe or a corporation wholly owned
by an Indian tribe; (c) the government of the State of Illinois or any
agency or department thereof; or (d) the government of any
municipality in Cook County. (F) "Employment" means the performance of
services for an employer (1) for remuneration; or (2) as a volunteer;
or (3) as a participant in a training or apprenticeship program.
(G) "Employment agency" means a person that undertakes to procure
employees or opportunities to work for potential employees, through
interviews, referrals, or advertising, or any combination thereof.
(H) "Housing status" means the type of housing in which an individual
resides, whether publicly or privately owned; an individual's
ownership status with respect to the individual's residence; or the
status of having or not having a fixed residence. (I) "Labor
organization" includes any organization, labor union, or craft union,
or any voluntary incorporated association designed to further the
cause of the rights of union labor, which is constituted for the
purpose, in whole or in part, of collective bargaining or of dealing
with an employer concerning grievances, terms or conditions of
employment, or apprenticeships or applications for apprenticeships, or
of other mutual aid or protection in connection with employment,
including apprenticeships or applications for apprenticeships.
(J) "Marital status" means the status of being single, married,
divorced, separated, or widowed.
(K) "Military discharge status" means the fact of having been
discharged from the Armed Forces of the United States, their Reserve
components or any National Guard or Naval Militia other than by a
"dishonorable discharge".
(L) "National origin" means the place in which an individual or one of
his or her ancestors was born.
(M) "Parental status" means the status of living with one or more
dependent minors or disabled children.
(N) "Person" means one or more individuals; partnerships,
associations, or organizations; labor organizations, labor unions,
joint apprenticeship committees, or union labor associations;
corporations; recipients of County funds; legal representatives,
trusts, trustees in bankruptcy, or receivers; state governments other
than that of Illinois; or commercial operations or entities controlled
by governments other than those of Illinois, or of the United States.
(O) "Public accommodation" means a person, place, business
establishment, or agency that sells, leases, provides, or offers any
product, facility, or service to the general public in Cook County,
regardless of ownership or operation (1) by a public body or agency;
(2) for or without regard to profit; or (3) for a fee or not for a
fee. "Public accommodation" also means an institution, club,
association, or other place of accommodation in Cook County, whether
or not open to the general public, that has more than 400 members and
provides regular meal service and regularly receives payment for dues,
fees, accommodations, facilities, or services from or on behalf of
nonmembers for the furtherance of trade or business. "Public
accommodation" also means any products, facilities, or services of a
non-public accommodation that are made available in Cook County to the
general public or to the customers or patrons of another establishment
that is a public accommodation.
(P) "Religion" means all aspects of religious observance and practice,
as well as belief, or the actual identification with or perceived
identification with a religion.
(Q) "Sexual orientation" means the status or expression, whether
actual or perceived, of heterosexuality, homosexuality, or
bisexuality.
(R) "Source of income" means the lawful manner by which an individual
supports himself or herself and his or her dependents.
(S) "Unlawful discrimination" means discrimination against a person
because of the actual or perceived status, practice, or expression of
that person's race, color, sex, age, religion, disability, national
origin, ancestry, sexual orientation, marital status, parental status,
military discharge status, source of income, or housing status; or the
actual or perceived association with such a person.
III. EMPLOYMENT
(A) COVERAGE 
The prohibitions against unlawful discrimination contained in Article
III apply as follows: 1) to employment that is or would be in whole or
in part in Cook County; or 2) when the act of unlawful discrimination
takes place in Cook County.
(B) PROHIBITIONS 
(1) EMPLOYMENT . No employer shall directly or indirectly discriminate
against any individual in hiring, classification, grading,
recruitment, discharge, discipline, compensation, selection for
training and apprenticeship, or other term, privilege, or condition of
employment on the basis of unlawful discrimination.
(2) EMPLOYMENT AGENCY . No employment agency shall directly or
indirectly discriminate against any individual in hiring,
classification, grading, recruitment, discharge, discipline,
compensation, selection for training and apprenticeship, or
other term, privilege, or condition of employment on the basis of
unlawful discrimination.
(3) LABOR ORGANIZATIONS . No labor organization shall limit,
segregate, or classify its membership, or limit employment
opportunities, selection, and training for apprenticeship in any trade
or craft, or otherwise take, or fail to take, any action which affects
adversely any individual's status as an employee, or as an apprentice, or as an applicant for apprenticeships, or wages,
tenure, hours of employment, or apprenticeship conditions, on the
basis of unlawful discrimination.
(C) EXCEPTIONS 
The prohibitions contained in this Article III shall not apply to any of the following:
(1) BFOQ . Hiring or selecting between individuals for bona fide
occupational qualifications.
(2) MILITARY DISCHARGE STATUS . Use of an individual's
unfavorable discharge from military service as a valid employment
criterion where (a) authorized by federal law or regulation; or
(b) where the affected position of employment involves the 
exercise of fiduciary responsibilities and the reasons for the
unfavorable discharge relate to his or her fiduciary capacity; or (c)
where the reasons for the unfavorable discharge specifically relate to
criteria which constitute a bona fide occupational qualification for a
particular job.
(3) VETERANS . Giving preferential treatment to veterans and their
relatives as required by federal or state law or regulation.
(4) RELIGION . Giving preference in employment by a
religious corporation, association, educational institution, or
society to individuals of a particular religion to help carry out the
religious activities of such corporation, association, educational
institution, or society.
(D) RELIGIOUS ACCOMMODATION 
(1) No employer shall refuse to make all reasonable efforts 
to accommodate the religious beliefs, observances, and practices
of employees or prospective employees unless the employer demonstrates
that he or she is unable to reasonably accommodate
an employee's or prospective employee's religious observance or
practice without undue hardship on the conduct of the employer's
business.
(2) Reasonable efforts to accommodate include, but are not limited to,
allowing an employee: (a) to take a day of paid leave or vacation,
where applicable under the employee's employment agreement; or (b) to
be excused from work without pay and without discipline or other
penalty; or (c) to elect to take the day off with pay in order to
practice the employee's religious beliefs, and to make up the lost
work time at a time and date consistent with the operational needs of
the employer's business. Any employee who elects such deferred work
shall be compensated at his or her regular rate of pay, regardless of
the time and date at which the work is made up. The employer may
require that any employee who plans to exercise option (c) of this
paragraph provide the employer with notice of the employee's intention
to do so, no less than five days prior to the date of absence.
(E) SEXUAL HARASSMENT 
No employer, employee, agent of an employer, employment agency, or
labor organization (hereinafter referred to collectively in this
section as "employer") shall engage in sexual harassment. "Sexual
harassment" means any unwelcome sexual advance, request for sexual
favors, or conduct of a sexual nature when (1) submission to such
conduct is an explicit or implicit term or condition of an
individual's employment; or (2) submission to or rejection of such
conduct by an individual is used as the basis for any employment
decision affecting the individual; or (3) such conduct has the purpose
or effect of substantially interfering with an individual's work
performance or creating an intimidating, hostile, or offensive working
environment.
An employer is responsible for its acts and those of its agents and
supervisory employees with respect to sexual harassment regardless of
whether the specific acts complained of were authorized or even
forbidden by the employer and regardless of whether the employer knew
or should have known of their occurrence. An employer is responsible
for acts of sexual harassment between co-employees in the workplace
where the employer (or its agents or supervisory employees) knew or
should have known of the conduct, unless it can show that it took
immediate and appropriate corrective action. An employer may also be
responsible for the acts of non-employees, with respect to sexual
harassment of employees in the workplace, where the employer (or its
agents or supervisory employees) knew or should have known of the
conduct and failed to take immediate and appropriate corrective
action.
(F) NATIONAL ORIGIN 
No employer may discriminate based on national origin under the guise
of discrimination based on an individual's foreign education or
training. Nothing in this Ordinance shall be construed to conflict
with federal or state licensing or certification requirements.
IV. CREDIT TRANSACTIONS
(A) PROHIBITION 
No person shall discriminate in Cook County against any individual in
any aspect of a credit transaction or in any term or condition of
bonding on the basis of unlawful discrimination.
(B) SEXUAL HARASSMENT 
No person shall engage in sexual harassment in Cook County in any
aspect of a credit transaction or in any term or condition of bonding.
"Sexual harassment" means any unwelcome sexual advance, request for
sexual favors, or conduct of a sexual nature when (1)
submission to such conduct is an explicit or implicit term or
condition of an individual's credit transaction or of bonding; or (2)
submission to or rejection of such conduct by an individual is used as
the basis for any credit or bonding decision affecting the individual;
or (3) such conduct has the purpose or effect of substantially
interfering with an individual's access to credit or bonding creating
an intimidating, hostile, or offensive environment in any aspect of
bonding or in any aspect of a credit transaction. 
V. PUBLIC ACCOMMODATIONS
(A) PROHIBITION 
No person that owns, leases, rents, operates, manages, or in any
manner controls a public accommodation in Cook County shall withhold,
deny, curtail, limit, or discriminate concerning the full use of such
public accommodation by any individual on the basis of unlawful
discrimination.
(B) EXCEPTIONS 
(1) The prohibition contained in this Article V shall not apply to sex
discrimination in any of the following:
(a) DISTINCTLY PRIVATE FACILITY. Any facility that is distinctly
private in nature, such as rest rooms, shower rooms, bath houses,
dressing rooms, or health clubs.
(b) SLEEPING ROOMS. Any facility that restricts rental of residential
or sleeping rooms to individuals of one sex.
(c) EDUCATIONAL INSTITUTIONS. Any educational institution that
restricts enrollment of students to individuals of one sex.
(2) The Cook County Commission on Human Rights ("Commission") as
defined in Article X of this Ordinance shall adopt rules specifying
any additional exceptions to the prohibition contained in this Article
V based on bona fide considerations of public policy.
(3) Notwithstanding anything to the contrary contained in this
Ordinance, nothing contained in this Article V shall require any
person who does not participate in the federal Section 8 housing
assistance program (42 U.S.C 1437f) to accept any subsidy, payment
assistance, voucher, or contribution under or in connection with such
program or to lease or rent to any tenant or prospective tenant who is
relying on such a subsidy, payment assistance, contribution, or voucher for payment of part of the rent for such
place of accommodation.
(C) SEXUAL HARASSMENT 
No person who is, owns, leases, rents, operates, manages, or in any
manner controls a public accommodation shall engage in sexual
harassment affecting access to, participation in, or the full use of
such public accommodation. "Sexual harassment" means any unwelcome
sexual advance, request for sexual favors, or conduct of a sexual
nature when (1) submission to such conduct is an explicit or implicit
term or condition of an individual's access to, participation in, or
full use of a public accommodation; or (2) submission to or rejection
of such conduct by an individual is used as the basis for any decision
affecting the individual's access to, participation in, or full use of
a public accommodation; or (3) such conduct has the purpose or effect
of substantially interfering with an individual's access to,
participation in, or full use of any public accommodation or creating
an intimidating, hostile, or offensive environment with respect
thereto.
VI. HOUSING
(A) DEFINITIONS
Whenever used in this Article VI:
(1) "Person" shall mean any person as defined in Article II (N) of
this Ordinance that is also an owner, lessor, sublessor, assignor,
managing agent, or other individual, firm, or corporation having the
right to sell, rent, lease, or sublease any housing unit within Cook
County, or any agent, broker, or other individual working on behalf of
any such individual, firm, or corporation.
(2) "Real estate transaction" means the sale, exchange, rental,
occupancy, lease, sublease, or lease renewal of real property for
residential purposes in Cook County or the provision of services or
utilities in connection with such sale, exchange, rental, occupancy,
lease, sublease, or lease renewal. "Real estate transaction" also
means with respect to activity conducted or property located in Cook
County, the brokering or appraising of residential real property in
Cook County and the making, purchasing, or guaranteeing of loans or
mortgages or providing any other financial assistance either (a) for
purchasing, constructing, improving, repairing, or maintaining a
dwelling or (b) secured by residential real property.
(B) PROHIBITIONS 
(1) TERMS AND CONDITIONS . No person shall make any distinction,
discrimination, or restriction in the price, terms, conditions, or
privileges of any real estate transaction, including the decision to
engage in or renew any real estate transaction, on the basis of
unlawful discrimination.
(2) DISCRIMINATORY COMMUNICATIONS . No person shall publish,
circulate, issue, or display, or cause to be published, circulated,
issued, or displayed, any communication, notice, advertisement, sign
or other writing of any kind relating to a real estate transaction
which will indicate or express any unlawful limitation or
discrimination on the basis of unlawful discrimination.
(3) LISTINGS . No person shall deliberately and knowingly refuse examination of any listing of residential real property within Cook County to any individual because of unlawful discrimination.
(4) REPRESENTATIONS . No person shall deliberately and knowingly represent to an individual that residential real property is not available for inspection, sale, rental, or lease in Cook County when in fact it is available, or fail to bring a
residential real estate listing in Cook County to an individual's
attention, or refuse to permit a person to inspect residential real property in Cook County because of unlawful discrimination.
(5) BLOCKBUSTING . No person shall solicit, for sale, lease, or listing for sale or lease, residential real property within Cook County on the grounds of loss of value due to the present or
prospective entry into any neighborhood of any individual or
individuals of any particular race, color, sex, age, religion,
disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, 
source of income, or housing status.
(6) ENCOURAGEMENT OF BLOCKBUSTING . No person shall distribute or cause to be distributed written material or statements designed to induce any owner of residential real property in Cook County to sell or lease his, her, or its property because of any prospective change in the race, color, sex, age,
religion, disability, national origin, ancestry, sexual orientation,
marital status, parental status, military discharge status, source of
income, or housing status of individuals in the neighborhood.
(7) CREATING ALARM . No person shall intentionally create
alarm among residents of any community within Cook County by
transmitting communication in any manner, including a telephone call
whether or not conversation thereby ensues, with a design to induce
any person within Cook County to sell or lease his or her residential
real property within Cook County because of the present or prospective
entry into the vicinity of the property of any individual or
individuals of any particular race, color, sex, age, religion,
disability, national origin, ancestry, sexual orientation, marital
status, parental status, military discharge status, source of income,
or housing status.
(C) EXCEPTIONS 
The prohibitions in this Article VI shall not apply to any of the following:
(1) AGE . Restricting rental or sale of a housing accommodation to an
individual of a certain age group (a) when such housing accommodation
is authorized, approved, financed, or subsidized in whole or in part
for the benefit of that age group by a unit of state, local, or
federal government; or (b) when the duly recorded initial declaration
of a condominium or community association limits such housing
accommodations to individuals 50 years of age or older, provided that
an individual or members of the household of an individual owning or
renting a unit in such housing accommodation prior to the recording of
the initial declaration shall not be deemed to be in violation of the
age restriction as long as the individual or household member
continues to own or reside in the housing accommodation.
(2) RELIGION . Limitation, by a religious organization, association,
or society, or any not- for- profit institution or organization
operated, supervised, or controlled by or in conjunction with a
religious organization, association, or society, of the sale, rental,
or occupancy of a dwelling which it owns or operates for other than a
commercial purpose to individuals of the same religion, or from giving
preference to such individuals.
(3) SINGLE SEX . Restricting the rental of rooms in a housing
accommodation to individuals of one sex.
(4) PRIVATE ROOMS . Rental of a room or rooms in a private home by an
owner if he or she or a member of his or her family resides therein
or, while absent for a period of not more than twelve months, if he or
she or a member of his or her family intends to return to reside
therein.
(5) Notwithstanding anything to the contrary contained in this
Ordinance, nothing contained in this Article VI shall require any
person who does not participate in the federal Section 8 housing
assistance program (42 U.S.C 1437f) to accept any subsidy, payment
assistance, voucher, or contribution under or in connection with such
program or to lease or rent to any tenant or prospective tenant who is
relying on such a subsidy, payment assistance, contribution, or
voucher for payment of part of the rent for such housing
accommodation.
(D) SEXUAL HARASSMENT 
No person shall engage in sexual harassment in any real estate
transaction. "Sexual harassment" means any unwelcome sexual advance,
request for sexual favors, or conduct of a sexual nature when (1)
submission to such conduct is an explicit or implicit term or
condition of an individual's real estate transaction; or (2)
submission to or rejection of such conduct by an individual is used as
the basis for any decision affecting the individual's real estate
transaction; or (3) such conduct has the purpose or effect of
substantially interfering with an individual's real estate transaction
or creating an intimidating, hostile, or offensive environment with
respect thereto.
VII. COUNTY FACILITIES, SERVICES, AND PROGRAMS
(A) PROHIBITION 
No person shall engage in unlawful discrimination in the provision or
distribution of any Cook County ("County") facilities, services, or
programs.
(B) EXCEPTION 
The Cook County Commission on Human Rights ("Commission") as defined
in Article X of this Ordinance shall adopt rules specifying any
exceptions to the prohibition contained in this Article VII based on
bona fide considerations of public policy.
(C) SEXUAL HARASSMENT 
No person shall engage in sexual harassment in the provision
or distribution of any County facilities, services, or programs.
"Sexual harassment" means any unwelcome sexual advance, request for
sexual favors, or conduct of a sexual nature when (1) submission to
such conduct is an explicit or implicit term or condition of an
individual's use of County facilities, or the provision of County
services or programs; or (2) submission to or rejection of such
conduct by an individual is used as the basis for any decision
affecting the provision or allocation of County services or programs,
or the use of County facilities; or (3) such conduct has the purpose
or effect of substantially interfering with an individual's access to
County services, programs, or facilities, or the conduct creates an
intimidating, hostile, or offensive environment for the provision of
County services or programs, or in the use of County facilities.
VIII. CONTRACTS
(A) PROHIBITION 
No person who is a party to a contract with Cook County ("County")
shall engage in unlawful discrimination or sexual harassment against
any individual in the terms or conditions of employment, credit,
public accommodations, housing, or provision of County facilities,
services or programs. "Sexual harassment" has
such meaning as is ascribed to it in other articles of this Ordinance.
(B) CONTRACT PROVISIONS 
The purchasing agent for the County, and all other department heads,
as authorized, shall include a provision in all County contracts that
sets forth the County's policies with respect to unlawful
discrimination and sexual harassment, as embodied in this Ordinance,
and that requires every contractor to certify its compliance with
these policies and its agreement to abide by such policies as a part
of the contractor's contractual obligations.
All County contracts shall further provide that if any party to a
contract with the County is found to have violated any provision of
this Ordinance, or furnished false or misleading information in any
investigation, hearing, or inquiry held pursuant to this Ordinance,
that contract may be subject to a declaration of default and
termination.
(C) EXCEPTION 
This Article VIII applies only to contracts executed after the
effective date of this Ordinance.
IX. ADDITIONAL CIVIL RIGHTS VIOLATIONS
(A) RETALIATION 
No person shall retaliate against any person because that person in
good faith has opposed that which he or she reasonably believed to be
unlawful discrimination, sexual harassment, or other violation of this
Ordinance or has made a complaint, testified,
assisted, or participated in an investigation, proceeding, or hearing
under this Ordinance.
(B) AIDING AND ABETTING 
No person shall aid, abet, compel, or coerce a person to commit a violation under this Ordinance.
(C) INTERFERENCE 
No person shall wilfully interfere with the performance of a duty or
the exercise of a power by the Commission or one of its members or
staff.
X. ENFORCEMENT
(A) COMMISSION ON HUMAN RIGHTS 
(1) The President shall appoint eleven members to a Commission on
Human Rights ("Commission") subject to approval of the Cook County
Board of Commissioners. In appointing members to the Commission, the
President shall take into account the diversity of communities and
conditions protected by this Ordinance and shall seek the input of
affected communities. Four of the initial appointees shall be
appointed for terms expiring on July 1 of the year following their
appointment, four shall be appointed for terms expiring on July 1 of
the second year following their appointment, and three shall be
appointed for terms ending on July 1 of the third year following their
appointment. Thereafter, members shall be appointed for three-year
terms.
(2) Each member of the Commission (a) shall reside within the
corporate boundaries of Cook County; (b) shall not be an employee of
the County during his or her term; and (c) shall serve without
compensation, but may be reimbursed for reasonable expenses incurred
in the performance of Commission duties.
(3) A majority of the members of the Commission shall constitute a
quorum for the purpose of transacting business.
(4) At its first meeting after July 1 of each year, the Commission
shall elect from its membership a chairperson and a vice chairperson.
The chairperson shall preside at all meetings and hearings of the
Commission. In the absence of the chairperson, the vice chairperson
shall preside.
(5) The President may remove any member of the Commission for
incompetence, substantial neglect of duty, gross misconduct,
malfeasance in office, or violation of any law, after written notice,
stating with particularity the grounds for removal and providing an
opportunity for the member to respond.
(6) The President shall appoint an Executive Director of the staff for
the Commission. The Executive Director shall be responsible for the
day-to-day operation of the Commission and its staff.
(7) The Commission shall be responsible for initiating, receiving, and
investigating violations of this Ordinance.
(8) Hearing officers shall conduct hearings on complaints brought
under this Ordinance. A hearing officer shall be an attorney duly
licensed to practice law in this state.
(9) The Commission may delegate to the Commission staff as the
Commission considers necessary any matter properly before the
Commission. The Commission shall adopt rules which specify those duties and responsibilities which may be delegated to Commission staff, and those duties and responsibilities which shall remain with
the members of the Commission.
(B) PROCEDURE 
(1) Complaint Process 
(a) Within 180 days after the date that a violation of this Ordinance
is alleged to have been committed, a written complaint may be filed
with the Commission. A written complaint may be filed by a party
alleging that he or she was injured ("complainant") by a violation of
this Ordinance, or a complaint may be issued by the Commission. For
any continuing violation, the complaint may be filed within 180 days
after the last day of the violation.
(b) The complaint shall be in such detail as to substantially apprise
any party properly concerned as to the time, place, and facts
surrounding the alleged violation. The Commission may reject without
prejudice and without investigation any complaint that fails to set
forth sufficient evidence to state a prima facie case of a violation
of this Ordinance.
(c) The Commission shall serve a copy of the complaint on the party
against whom it is made ("respondent") within 10 days after it is
filed with the Commission. The Commission's failure to meet this or
any other deadline shall not prejudice the complainant.
(d) Both the complainant or the respondent may be represented by
counsel at any stage of conciliation, investigation, or hearing on the
complaint.
(2) Investigation Process 
(a) The Commission shall investigate each complaint to determine
whether there is substantial evidence that a violation of this
Ordinance has occurred. The investigation shall be completed within
180 days after the filing or issuance of the complaint, unless it is
impractical to do so within that time. If the Commission determines
that there is not substantial evidence, written notification of the
determination shall be served on the complainant and the respondent.
The complainant shall have 30 days from receipt of this notice to file
with the Commission a request for reconsideration of the Commission's
determination.
(b) Notwithstanding the above-referenced 180-day time period, the
Commission may defer investigation of a timely filed complaint when
the same complaint, or a substantially similar complaint, has been
filed by the complainant with another administrative agency. The
Commission shall adopt rules specifying under what circumstances
investigation of a complaint may be deferred.
(c) The Commission may attempt to settle or adjust any complaint by
conciliation at any time that the complaint is pending.
(d) The Commission shall issue subpoenas for the appearance of
witnesses, the production of evidence, or both, in the course of
investigations and hearings. Subpoenas shall be issued where necessary
for a full and complete investigation. A subpoena shall be served in
the same manner as subpoenas issued under the Rules of the Illinois
Supreme Court to compel the appearance of a deponent and shall be
subject to the same witness and mileage fees fixed by law for such
subpoenas. The Commission shall adopt rules for determining objections
to any subpoenas and prescribing any other requirements for subpoenas.
(e) If the Commission concludes at any time following the filing or
issuance of a complaint that in order to carry out the purposes of
this Ordinance a civil action to preserve the status quo or to prevent
irreparable harm is advisable, then the Commission may pursue a civil
action for appropriate temporary or preliminary relief pending final
disposition of the complaint.
(f) If any person refuses to comply with a Commission subpoena, order,
or decision, the Commission may seek judicial enforcement.
(g) The Commission shall adopt liberal rules for discovery so that the complainant and the respondent may each obtain documents
and other relevant information in the other's possession.
(h) The Commission shall not disclose, other than to the parties or at
the hearing on the complaint, any evidence obtained in the course of
the investigation or conciliation unless otherwise required by law.
(i) The Commission may dismiss a complaint or may enter an order of
default against a party for failure to cooperate with the Commission.
(3) Hearings 
(a) For any complaint where it is determined that there is substantial
evidence that a violation has occurred, a hearing shall be conducted
by a hearing officer on the complaint. A hearing shall be commenced
within 90 days after the determination of substantial evidence that a
violation has occurred. All testimony shall be under oath and shall be
either recorded or transcribed. The complainant and the respondent
shall be allowed to testify, present evidence, and cross-examine
witnesses at the hearing.
(b) The Commission, at the request of any party and upon good cause
shown, may at any time consider a request for expedited proceedings.
If the Commission determines that any party has an imminent health
risk during the proceedings, it may order the proceedings expedited.
When an order for expedited proceedings is issued, the processing of
the complaint shall take precedence over all matters except other
matters of the same expedited character. When such an order is issued,
the Commission or any hearing officer shall be authorized to shorten
any time period set by this Ordinance or by rule other than the
180-day period for filing complaints.
(4) Decisions 
(a) The hearing officer hearing the case shall make findings of fact
based on the evidence admitted at the hearing and shall also recommend
such relief as is appropriate to make a complainant whole. The
findings and recommendations shall be served on all parties. Each
party shall be given an opportunity to file with the Commission a
brief on exceptions to the hearing officer's findings of fact and
recommendations.
(b) Subsequent to the filing and consideration by the hearing officer
of any briefs on exceptions, the Commission shall adopt the findings
of fact of the hearing officer if the recommended findings are not
contrary to the evidence presented at the hearing. The Commission may
adopt, reject, or modify the recommendations of the hearing officer,
in whole or in part, or may remand for additional hearing on some or
all of the issues presented.
(c) Decisions of the Commission shall be in writing and must be
approved by a majority of those Commissioners who vote at a meeting
with a quorum. Decisions of the Commission are final orders and shall
be served upon the parties. Either party may file with the Commission
a request for reconsideration within 30 days of receipt of the
Commission's decision.
(d) Any party may seek a writ of certiorari from the Chancery Division
of the Circuit Court of Cook County according to applicable law,
appealing any final order or decision of the Commission.
(C) REMEDIES 
(1) Relief may include, but is not limited to, an order:
(a) to cease the illegal conduct complained of and to take steps to
alleviate the effect of the illegal conduct complained of;
(b) to pay actual damages, as reasonably determined by the Commission,
for injury or loss suffered;
(c) to hire, reinstate, or upgrade the complainant, with or without
back pay, or to provide such fringe benefits as the complainant may
have been denied;
(d) to sell or lease housing in question to the complainant;
(e) to admit the complainant to a public accommodation;
(f) to extend to the complainant the full and equal enjoyment of the
goods, services, facilities, privileges, advantages, or accommodations
of the respondent;
(g) to pay the complainant all or a portion of the costs, including
reasonable attorney's fees, expert witness fees, witness fees, and
duplicating costs, incurred in pursuing the complaint before the
Commission or at any stage of judicial review;
(h) to take such action as may be necessary to make the complainant
whole, including, but not limited to, awards of interest on the actual
damages and back pay from the date of the violation;
(i) to file with the Commission a report as to the manner of
compliance;
(j) to post in a conspicuous place notices which the Commission may
publish or cause to be published setting forth requirements for
compliance with this Ordinance or other relevant information which the
Commission determines necessary to explain this Ordinance; and
(k) to pay a fine of not less than $100 and not more than $500 for
each offense. Every day that a violation shall continue shall
constitute a separate and distinct offense.
(2) The Commission may file with the Department of Professional
Regulation of the State of Illinois a notice in the event that any
licensed real estate broker or salesperson violates this Ordinance.
(3) All remedies shall be cumulative.
(D) INDIVIDUAL RIGHT OF ACTION
(1) Any individual injured by a violation of this Ordinance shall have
a cause of action against the violator. It is expressly the intention
of this Ordinance to confer an individual right of action which may be
redressed in the courts in accordance with paragraphs (2), (3), (4),
(5) and (6) of this section (D).
(2) Subsequent to a complaint being timely filed with the Commission,
where such complaint alleges a violation(s) under Article III, IV, V,
VI, VII, or VIII of this Ordinance, and prior to an evidence finding a
complainant may request of the Commission to have the claims asserted
in that complaint decided in a civil action in a court of general
jurisdiction. The Commission in its discretion may approve the request
and shall issue a written authorization to the complainant to proceed
before such a court. Upon receipt of the written authorization the
complainant shall give notice of his or her decision to proceed to
court to the Commission and to all other complainants and respondents
to whom the complaint relates. Under this paragraph a complainant has
90 days from the date the written authorization is received within
which to bring suit. The Commission shall adopt rules specifying what
the Commission may consider in determining whether to grant or deny a
request to proceed to court.
(3) Subsequent to a complaint being timely filed with the Commission,
where such complaint alleges a violation(s) under Article III, IV, V,
VII, or VIII of this Ordinance, and subsequent to a finding of
substantial evidence a complainant may elect to have the claims
asserted in the complaint decided in a civil action in a court of
general jurisdiction. This election must be made not later than 20
days after all parties are notified of the Commission's finding of
substantial evidence. If the election is not made within the specified
time period the Commission shall retain jurisdiction of the complaint.
The complainant shall give notice of election to the Commission and to
all other complainants and respondents to whom the complaint relates.
The Commission shall issue a written authorization to the complainant
to proceed before such a court. A complainant who chooses to proceed
to court has 90 days from the date the written authorization is
received within which to bring suit.
(4) Subsequent to a complaint being timely filed with the Commission,
where such complaint alleges a violation under Article VI of this
Ordinance, and subsequent to a finding by the Commission that there is
substantial evidence that a violation of Article VI has occurred, a
complainant or respondent may elect to
have the claims asserted in the complaint decided in a civil action in
a court of general jurisdiction. This election must be made not later
than 20 days after all parties are notified of the Commission's
finding of substantial evidence. If the election is not made within
the specified time period the Commission shall retain jurisdiction of
the complaint. The complainant or respondent shall give notice of
election to the Commission and to all other complainants and
respondents to whom the complaint relates. The Commission shall issue
a written authorization to the complainant or respondent to proceed
before such a court. A complainant or respondent who chooses to
proceed to court has 90 days from the date the written authorization
is received within which to bring suit.
(5) The filing by a complainant or respondent of a complaint in any
court based on some or all of the same issues as are raised in a
complaint before the Commission shall automatically terminate the
jurisdiction of the Commission over the complaint. In such a case, the
Commission shall dismiss the complaint either on its own motion or on
the motion of either party.
(6) Final disposition of a complaint by the Commission shall bar a
suit in the courts on this Ordinance over the same issues, except a
suit to review judicially the decision of the Commission.
(7) The Commission may seek to intervene in any civil action filed by
a complainant or respondent pursuant to paragraphs 2, 3, and 4, of
this section (D).
(E) ADDITIONAL POWERS AND DUTIES 
The Commission shall have such additional powers and duties as reasonably flow from its responsibilities, including but not limited to:
(1) Advising and consulting with the President and the Cook County
Board of Commissioners on all matters involving discrimination and
sexual harassment and recommending such legislative action as it may
deem appropriate to effectuate the policy of this Ordinance.
(2) Advising and consulting with the President, the Cook County Board
of Commissioners, and officials, departments, and agencies of the
County government on assuring and improving the equality of services
to all citizens.
(3) Advising and consulting with the Cook County Bureau of Human
Resources and other County departments on the development and
implementation of programs to train County employees in methods of
dealing with intergroup relations, in order to develop respect for
equal rights and to achieve equality of treatment regardless of race,
color, sex, age, religion, disability, national origin, ancestry,
sexual orientation, marital status, parental status, military
discharge status, source of income, or housing status.
(4) Rendering an annual report of the activities of the Commission and
making recommendations to the President and Cook County Board of
Commissioners. The report shall be published.
(5) Issuing such other rules and regulations as may be necessary to
implement its powers, including rules of evidence and procedure for
hearings.
(6) Conducting research, public forums, and educational programs on
tensions between various groups within society, or practices of
unlawful discrimination; conducting public hearings to ascertain the
status and treatment of various racial, ethnic, religious, cultural,
and social groups within society, means of alleviating discrimination
and bias, and means of improving human relations within the County;
and issuing such publications as may assist in the performance of its
function.
(7) Assuming all rights, obligations, duties, and responsibilities of
the existing Cook County Commission on Human Rights as established by
Executive Orders 91-4 of the President of the Cook County Board of
Commissioners and the Forest Preserve District of Cook County. The
Commission without any additional action on behalf of a complainant
whose complaint was filed under Executive Order 91-4 shall under the
governance of this Ordinance continue to investigate, conciliate, and
adjudicate as appropriate complaints filed under such Executive Order.
The Commission shall send notice to the affected parties of this
assumption.
(8) Upon approval of the Cook County Board of Commissioners, the
Commission may enter into a written agreement with any political
subdivision, municipal agency, or municipal government within the
County, or any state or federal agency, whereby the Commission and
such entity may agree to jointly process, transfer, or refer from one
to the other for processing and investigation an individual's
complaint alleging unlawful discrimination, sexual harassment, or
other civil rights violation.
XI. SEVERABILITY
If any article, paragraph, sentence, or clause of this Ordinance or
the application thereof to any person is for any reason deemed to be
invalid or unconstitutional, such decision shall not affect any remaining portion, section, or part
thereof or application of this Ordinance to any other person.
XII. APPLICABILITY
(1) As provided in Article VII, Section 6(c), of the State of Illinois
Constitution of 1970, if this Ordinance conflicts with an ordinance of
a municipality, the municipal ordinance shall prevail within its
jurisdiction.
(2) If a municipal ordinance regulates conduct which is prohibited
under this Ordinance and provides remedies, this Ordinance shall not
apply within that municipal jurisdiction with respect to such conduct.
In all other circumstances, this Ordinance shall be enforceable within
the municipal jurisdiction to the extent permitted under the Illinois
Constitution.
XIII. EFFECTIVE DATE
This Ordinance shall take effect 60 days after becoming law.
Category:County Governments
Category:Human Rights
Category:Illinois
Category:Ordinances