Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart C - PROCEDURE UPON COMPLAINT AND DECISION › Section 320.310 - Investigations Except Those Under Section 11 of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) After the Department determines
				jurisdiction and that the matter will not be referred to the Department of
				Human Rights under 56 Ill. Adm. Code 325, the Department shall conduct an
				investigation to determine whether reasonable cause exists to believe a
				violation under the Act has occurred. Within 30 business days after receipt of
				the complaint, the Department shall provide the respondent with a written
				notice of investigation stating the substance of the alleged violation and
				giving the respondent an opportunity to respond to the allegation and present
				any information the respondent wishes the Department to consider in its
				investigation of the alleged violation. The respondent must submit such
				response to the Department within 30 business days after receipt of the notice
				of investigation.
b)
The
				Department is authorized to investigate and gather data
and records
regarding
employee
wages
and
hours,
				and other conditions and practices of employment
of the respondent,
				and
may enter
the respondent's
premises
to
inspect such records at reasonable times during regular business hours;
				question the respondent's employees; and investigate the facts, conditions,
				practices, or matters as
the Department
may deem necessary or
				appropriate to determine whether
the respondent
has
				violated
the
Act.
Investigations may also include
				written or oral inquiries, field visits, subpoenas, conferences, and
				interviews, or any investigation method or combination of methods deemed
				suitable in the discretion of the Department or authorized by the Act. In no
				case will the Department review more than 5 years prior to the date the
				complaint was filed.
c) If during
				the investigation a respondent refuses to cooperate, the Director may either
				make a finding of reasonable cause or issue subpoenas to compel the attendance
				of respondent witnesses or the production of documents.
d) Whenever a decision is made after an
				investigation conducted by the Department of Human Rights and the Department of
				Labor adopts that decision, 56 Ill. Adm. Code 325 supersedes this Part and
				shall control as to further procedural actions and remedies available to the
				parties. If the Department of Labor does not adopt the Department of Human
				Rights' decision, then this Part 320 applies and controls as to further
				procedural actions and remedies available to the parties.
e) A complainant must promptly notify the
				Department of any address or telephone number change or a prolonged absence
				from the current address so that the complainant can be located. A complainant
				must cooperate with the Department, provide necessary information and be
				available for interviews, conferences and hearings upon reasonable notice or
				request by the Department. If a complainant cannot be located or does not
				respond to reasonable requests by the Department, the Department may dismiss
				the complaint pursuant to Section
				320.500.
f) The Director may, upon request or in the
				Director's discretion, withhold any witness statement or identity of any
				witness as confidential.