2023 Illinois Compiled Statutes › Chapter 775 - HUMAN RIGHTS › 775 ILCS 5/ - Illinois Human Rights Act. › Article 10 - Circuit Court Actions

(775 ILCS 5/Art. 10 heading)
ARTICLE 10.  
		CIRCUIT COURT ACTIONS
(775 ILCS 5/10-101) (from Ch. 68, par. 10-101)
Sec. 10-101. Applicability. With the exception of Sections 10-104 and 10-105, this Article shall apply solely to civil
actions arising under Article 3 of this Act.
(Source: P.A. 103-335, eff. 1-1-24.)
(775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
Sec. 10-102. Court Actions.
(A) Circuit Court Actions.
(1) An aggrieved party may commence a civil action in     an appropriate Circuit Court not later than 2 years after the occurrence or the termination of an alleged civil rights violation or the breach of a conciliation or settlement agreement entered into under this Act, whichever occurs last, to obtain appropriate relief with respect to the alleged civil rights violation or breach. The plaintiff or defendant may demand trial by jury for civil actions brought under this subsection.  Venue for such civil action shall be determined under Section 8-111(A)(1).
(2) The computation of such 2-year period shall not     include any time during which an administrative proceeding under this Act was pending with respect to a complaint or charge under this Act based upon the alleged civil rights violation.  This paragraph does not apply to actions arising from a breach of a conciliation or settlement agreement.
(3) An aggrieved party may commence a civil action     under this subsection whether or not a charge has been filed under Section 7B-102 and without regard to the status of any such charge, however, if the Department or local agency has obtained a conciliation or settlement agreement with the consent of an aggrieved party, no action may be filed under this subsection by such aggrieved party with respect to the alleged civil rights violation practice which forms the basis for such complaint except for the purpose of enforcing the terms of such conciliation or settlement agreement.
(4) An aggrieved party shall not commence a civil     action under this subsection with respect to an alleged civil rights violation which forms the basis of a complaint issued by the Department if a hearing officer has commenced a hearing on the record under Article 3 of this Act with respect to such complaint.
(B) Appointment of Attorney by Court.  Upon application by a person
alleging a civil rights violation or a person against whom
the civil rights violation is alleged, if in the opinion of the court such
person is financially unable to bear the costs of such action, the court may:
(1) appoint an attorney for such person, any attorney     so appointed may petition for an award of attorneys fees pursuant to subsection (C)(2) of this Section; or
(2) authorize the commencement or continuation of a     civil action under subsection (A) without the payment of fees, costs, or security.
(C) Relief which may be granted.
(1)  In a civil action under subsection (A) if the     court finds that a civil rights violation has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages, and may grant as relief, as the court deems appropriate, any permanent or preliminary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such civil rights violation or ordering such affirmative action as may be appropriate.
(2) In a civil action under subsection (A), the     court, in its discretion, may allow the prevailing party, other than the State of Illinois, reasonable attorneys fees and costs. The State of Illinois shall be liable for such fees and costs to the same extent as a private person.
(D) Intervention by the Attorney General. If the Department certifies that the case is of general public importance, the Attorney General 
may seek to intervene on behalf of the Department in a civil action filed by a complainant in State or federal court under this Section.  Upon such intervention, the court
may award any of the remedies set forth in Section 8B-104 and subsection (B) of Section 10-104.
(Source: P.A. 102-706, eff. 4-22-22; 103-335, eff. 1-1-24.)
(775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
Sec. 10-103. Circuit court actions pursuant to election.
(A) If an
election is made under Section 8B-102, the Department shall authorize and
not later than 30 days after the entry of the administrative closure order by the Commission the Attorney General
shall commence and maintain a civil action on behalf of the aggrieved
party in a circuit court of Illinois seeking relief under this Section.
Venue for such civil action shall be determined under Section 8-111(A)(1).
(B) Any aggrieved party with respect to the issues to be determined in
a civil action under this Section may intervene as of right in that civil action.
(C) In a civil action under this Section, if the court finds that a
civil rights violation
has occurred or is about to occur the court may grant as relief any relief
which a court could grant with respect to such civil rights violation
in a civil action under Section 10-102.  Any relief so granted that
would accrue to an aggrieved party in a civil action commenced by that
aggrieved party under Section 10-102 shall also accrue to that aggrieved
party in a civil action under this Section.  If monetary relief is
sought for the benefit of an aggrieved party who does not intervene in the
civil action, the court shall not award such relief if that aggrieved
party has not complied with discovery orders entered by the court.
(Source: P.A. 101-530, eff. 1-1-20; 101-661, eff. 4-2-21.)
(775 ILCS 5/10-104)
Sec. 10-104. Circuit Court Actions by the Illinois Attorney General.
(A)   Standing, venue, limitations on actions, preliminary investigations, notice, and Assurance of Voluntary Compliance.
(1) Whenever the Illinois Attorney General has     reasonable cause to believe that any person or group of persons is engaged in a pattern and practice of discrimination prohibited by this Act, the Illinois Attorney General may commence a civil action in the name of the People of the State, as parens  patriae on behalf of persons within the State to enforce the provisions of this Act in any appropriate circuit court.  Venue for this civil action shall be determined under paragraph (1) of subsection (A) of Section 8-111.  Such actions shall be commenced no later than 2 years after the occurrence or the termination of an alleged civil rights violation or the breach of a conciliation agreement or Assurance of Voluntary Compliance entered into under this Act, whichever occurs last, to obtain relief with respect to the alleged civil rights violation or breach.
(2) Prior to initiating a civil action, the Attorney     General shall conduct a preliminary investigation to determine whether there is reasonable cause to believe that any person or group of persons is engaged in a pattern and practice of discrimination declared unlawful by this Act and whether the dispute can be resolved without litigation.  In conducting this investigation, the Attorney General may:
(a) require the individual or entity to file a         statement or report in writing under oath or otherwise, as to all information the Attorney General may consider necessary;
(b) examine under oath any person alleged to have         participated in or with knowledge of  the alleged pattern and practice violation; or
(c) issue subpoenas or conduct hearings in aid of         any investigation.
(3) Service by the Attorney General of any notice     requiring a person to file a statement or report, or of a subpoena upon any person, shall be made:
(a) personally by delivery of a duly executed         copy thereof to the person to be served or, if a person is not a natural person, in the manner provided in the Code of Civil Procedure when a complaint is filed; or
(b) by mailing by certified mail a duly executed         copy thereof to the person to be served at his or her last known abode or principal place of business within this State.
(4) In lieu of a civil action, the individual or     entity alleged to have engaged in a pattern or practice of discrimination deemed violative of this Act  may enter into an Assurance of Voluntary Compliance with respect to the alleged pattern or practice violation.
(5) The Illinois Attorney General may commence a     civil action under this subsection (A) whether or not a charge has been filed under Sections 7A-102 or 7B-102 and without regard to the status of any charge, however, if the Department or local agency has obtained a conciliation or settlement agreement or if the parties have entered into an Assurance of Voluntary Compliance no action may be filed under  this subsection (A) with respect to the alleged civil rights violation practice that forms the basis for the complaint except for the purpose of enforcing the terms of the conciliation or settlement agreement or the terms of the Assurance of Voluntary Compliance.
(6) Subpoenas.
(a) Petition for enforcement. Whenever any person         fails to comply with any subpoena issued under paragraph (2) of this subsection (A), or whenever satisfactory copying or reproduction of any material requested in an investigation cannot be done and the person refuses to surrender the material, the Attorney General may file in any appropriate circuit court, and serve upon the person, a petition for a court order for the enforcement of the subpoena or other request. Venue for this enforcement action shall be determined under paragraph (E)(1) of Section 8-104.
(b) Petition to modify or set aside a subpoena.
(i) Any person who has received a subpoena             issued under paragraph (2) of this subsection (A) may file in the appropriate circuit court, and serve upon the Attorney General, a petition for a court order to modify or set aside the subpoena or other request. The petition must be filed either (I) within 20 days after the date of service of the subpoena or at any time before the return date specified in the subpoena, whichever date is earlier, or (II) within such longer period as may be prescribed in writing by the Attorney General.
(ii) The petition shall specify each ground             upon which the petitioner relies in seeking relief under subdivision (i) and may be based upon any failure of the subpoena to comply with the provisions of this Section or upon any constitutional or other legal right or privilege of the petitioner. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the subpoena or other request, in whole or in part, except that the petitioner shall comply with any portion of the subpoena or other request not sought to be modified or set aside.
(c) Jurisdiction. Whenever any petition is filed         in any circuit court under this paragraph (6), the court shall have jurisdiction to hear and determine the matter so presented and to enter such orders as may be required to carry out the provisions of this Section. Any final order so entered shall be subject to appeal in the same manner as appeals of other final orders in civil matters. Any disobedience of any final order entered under this paragraph (6) by any court shall be punished as a contempt of the court.
(B)  Relief which may be granted.
(1)  In any civil action brought pursuant to     subsection (A) of this Section, the Attorney General may obtain as a remedy, equitable relief (including any permanent or preliminary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such civil rights violation or ordering any action as may be appropriate).  In addition, the Attorney General may request and the Court may impose a civil penalty to vindicate the public interest:
(a) for violations of Article 3 and Article 4 in         an amount not exceeding $25,000 per violation, and in the case of violations of all other Articles in an amount not exceeding $10,000 if the defendant has not been adjudged to have committed any prior civil rights violations under the provision of the Act that is the basis of the complaint;
(b) for violations of Article 3 and Article 4 in         an amount not exceeding $50,000 per violation, and in the case of violations of all other Articles in an amount not exceeding $25,000 if the defendant has been adjudged to have committed one other civil rights violation under the provision of the Act within 5 years of the occurrence of the civil rights violation that is the basis of the complaint; and
(c) for violations of Article 3 and Article 4 in         an amount not exceeding $75,000 per violation, and in the case of violations of all other Articles in an amount not exceeding $50,000 if the defendant has been adjudged to have committed 2 or more civil rights violations under the provision of the Act within 5 years of the occurrence of the civil rights violation that is the basis of the complaint.
(2) A civil penalty imposed under subdivision (B)(1)     of this Section shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund, which is a special fund in the State Treasury.  Moneys in the Fund shall be used, subject to appropriation, for the performance of any function pertaining to the exercise of the duties of the Attorney General including but not limited to enforcement of any law of this State and conducting public education programs; however, any moneys in the Fund that are required by the court or by an agreement to be used for a particular purpose shall be used for that purpose.
(3) Aggrieved parties seeking actual damages must     follow the procedure set out in Sections 7A-102 or 7B-102 for filing a charge.
(Source: P.A. 101-661, eff. 4-2-21.)
(775 ILCS 5/10-105)
Sec. 10-105. Intervention by the Attorney General. If the Department certifies that the case is of general public importance, the Attorney General may seek to intervene on behalf of the Department in a civil action filed by a complainant in State or federal court under Section 7A-102. Upon such intervention, the court or jury may award any of the remedies set forth in Section 8A-104 and subsection (B) of Section 10-104.
(Source: P.A. 103-335, eff. 1-1-24.)