reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart C - PROCEDURE UPON CHARGE › Section 2520.415 - Mediation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Purpose.
				Pursuant to Section 7A-102(B-1) of the Act, the Department may conduct a
				conference for the purpose of negotiating a settlement to resolve the issues in
				dispute if the parties to a charge voluntarily agree to submit the charge to
				mediation.
b) Termination of
				Mediation. The Department will terminate the mediation proceedings if either
				party fails to comply with this Section or if the Department determines that
				continuation of the mediation proceedings is unlikely to result in a settlement
				of the charge of discrimination.
c)
				Extension. Prior to scheduling a mediation conference, the Department will
				require parties to the charge to agree in writing to extend the 365 days for
				processing the case pursuant to Section 7A-102(G)(1) of the Act.
d) Attorneys, Witnesses. A party may be
				accompanied at a mediation conference by his/her attorney or other
				representative, and by a translator if necessary. An attorney for a party not
				previously having entered an appearance must do so at the beginning of the
				conference. The parties shall not bring witnesses to the mediation
				conference.
e) Conduct. The
				mediator or other designee of the Department shall conduct the mediation
				conference and control the proceedings. The Department may limit the number of
				attendees who attend the mediation conference for each party.
f) Settlement Agreement. Pursuant to Section
				7A-102(B-1) of the Act, no party attending a mediation conference shall be
				required to accept the result of a mediation. Each party to a settlement
				agreement will have 10 consecutive calendar days from the date of the
				conference to revoke his/her acceptance of a settlement. The 10 day revocation
				period may be waived by written agreement of the parties.
g) Failure to Settle. If the parties are
				unable to reach an agreement, or if a party revokes his/her acceptance of the
				settlement within 10 days, the Department will investigate the charge of
				discrimination.
h) Confidentiality.
				The mediation conference will be confidential. No tape recording, stenographic
				report or other verbatim record of the conference will be permitted.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart C - PROCEDURE UPON CHARGE › Section 2520.430 - Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a) After a charge
				has been filed, the Department's staff shall institute an investigation to
				ascertain the facts relating to the civil rights violation as alleged in the
				charge and any amendments.
b) A
				respondent must promptly provide the Department with a notice of any change in
				address or telephone number or of any prolonged absence from the current
				address so that respondent can be located. If, during the investigation, a
				respondent refuses to cooperate, the Director may either make a finding of
				substantial evidence or request the Commission issue subpoenas to compel the
				attendance of witnesses or the production of documents.
c) A complainant must promptly provide the
				Department with a notice of any change in address or telephone number or of any
				prolonged absence from the current address so that he or she can be located. A
				complainant must cooperate with the Department, provide necessary information
				and be available for interviews and conferences 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 charge pursuant to Section
				2520.560 of this
				Part.
d) The Director may request
				the Commission issue subpoenas to compel the production of any documents and/or
				the attendance of witnesses at an interview conducted by the Department or at a
				fact-finding conference.
e) The
				Department may withhold any witness statement, or the identity of any witness,
				as confidential upon the request of a party or the witness.
f) The Department shall neither rely on nor
				make credibility determinations without affording the parties the rights of
				confrontation and cross-examination. (See Cooper v Salazar, #98C2930, U.S.
				District Court for the Northern District of Illinois, Order dated November 1,
				2001, paragraph 26.1 ).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart C - PROCEDURE UPON CHARGE › Section 2520.490 - EEOC Dual Filed Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				following will apply to all charges filed after August 26, 2011 with the Equal
				Employment Opportunity Commission (EEOC) and dual filed with the Department
				pursuant to Section 7A-102(A-1) of the Act:
1) The charge will be initially investigated
				by the EEOC pursuant to the EEOC's rules and procedures.
2) The Department will not take any action on
				the charge until the EEOC issues its final determination.
3) Within 30 days after receiving the final
				determination from the EEOC, the complainant must submit a copy of the EEOC's
				determination to the Department in order to preserve the complainant's rights
				under the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart D - SETTLEMENTS › Section 2520.510 - Settlement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Settlement
				Enforceable by Commission. If the parties seek to have a settlement enforced by
				the Commission, the terms of settlement must first be approved by the Director.
				If the proposed terms are unambiguously drawn, not inconsistent with the Act,
				and knowingly and voluntarily entered into, the Director shall approve them and
				file them with the Commission. The Department may require any part to such
				terms to submit proof of compliance.
b) Private Settlement. The parties may choose
				to enter into a private settlement and not submit it to the Director for
				approval or to the Commission for enforcement. The Department will continue to
				process the charge unless it is withdrawn pursuant to Section
				2520.380 of
				this Part.
c) Non-Disclosure. No
				stenographic or other formal record shall be made of settlement
				efforts.
d) Non-Compliance.
1) The Department may conduct an
				investigation to determine compliance with settlement terms if proof of
				compliance is not provided or if a party makes a written allegation of a
				violation.
2) If the Department
				concludes that substantial evidence of a violation is lacking, it shall so
				notify the parties in writing.
3)
				If the Department determines that there is substantial evidence of a violation,
				the Department shall file with the Commission a notice of violation, with
				service on all parties. The notice shall set forth the nature of the violation
				and shall request that the Commission:
A)
				authorize the Department to seek judicial enforcement of its order pursuant to
				Section 8-111(B) of the Act [775 ILCS 8 -111(B)]; or
B) remand the matter to an Administrative Law
				Judge for public hearing on the alleged violation.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart E - ADMINISTRATIVE CLOSURE, DISMISSAL AND DEFAULT › Section 2520.550 - Administrative Closure

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a
				complainant opts out of the Department's investigation, the Department will
				administratively close the charge pursuant to Section 7A-102(C-1) of the
				Act.
b) When the Department
				administratively closes a charge pursuant to subsection (a) or pursuant to
				Section
				2520.380, it
				shall promptly notify all parties in writing.
c) The Department may vacate an
				administrative closure pursuant to Section
				2520.380
				only if the statutory 365-day time period plus extensions, if any, has not
				expired pursuant to Section 7A-102(G)(1) of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart E - ADMINISTRATIVE CLOSURE, DISMISSAL AND DEFAULT › Section 2520.560 - Dismissal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				shall serve upon the parties a written notice of dismissal of all or part of a
				charge. The notice will state the grounds for dismissal and that the
				complainant may obtain review by the Commission by filing a request for
				review.
b) The dismissal may be
				based upon:
1) lack of substantial evidence
				of discrimination or lack of jurisdiction. An investigation report discussing
				the reasons for the dismissal will accompany the notice of dismissal;
2) complainant's failure to proceed, as
				provided in Section
				2520.430(c).
				The notice of dismissal in these cases will specify the manner in which the
				complainant has failed to proceed and will be addressed to the complainant at
				the last known address;
3)
				complainant's failure to accept a settlement offer, pursuant to Section
				7A-103(D) of the Act. The notice in these cases will specify the reasons for
				the Department's dismissal; or
4)
				the filing of litigation in federal and State court (see Section 7-109.1 of the
				Act).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart E - ADMINISTRATIVE CLOSURE, DISMISSAL AND DEFAULT › Section 2520.570 - Default

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to the entry of a default against a respondent pursuant
				  to Section 7A-102(B), 7A-102(C), 7B-102(B) or 7B-102(C) of the Act and Section
				  2520.440(d)
				  of this Part, the Department will afford that party written notice and a period
				  of at least 15 days to show good cause in writing why default may not be
				  appropriate. A Notice of Default shall be construed as a "report" pursuant to
				  Section 7A-102(G) of the Act. For charges filed on or after January 1, 2008, if
				  the Department issues a Notice of Default, the Department will notify the
				  respondent that the respondent has 30 days from service of the Notice of
				  Default to file a Request for Review with the Human Rights
				  Commission.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart F - REQUESTS FOR REVIEW › Section 2520.573 - Filing with Chief Legal Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
For charges filed on or after January 1, 1996 and before
				  January 1, 2008:
a) A Complainant may
				request review by the Chief Legal Counsel of a determination by the Director to
				dismiss one or more allegations of a charge for:
1) lack of substantial evidence;
2) lack of jurisdiction;
3) failure of a Complainant to proceed;
				or
4) failure of a Complainant to
				accept a settlement offer.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart F - REQUESTS FOR REVIEW › Section 2520.585 - Additional Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				the Chief Legal Counsel requests additional investigation pursuant to Section
				7-101.1(B) of the Act, all parties and the Department shall be:
1) informed of the request in
				writing;
2) informed of the results
				of the additional investigation and provided copies of any documents submitted
				in response to the additional investigation; and
3) given 14 days to file a supplemental
				request for review, reply and surreply to address the results of the additional
				investigation.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart F - REQUESTS FOR REVIEW › Section 2520.587 - Decision

Current through Register Vol. 48, No. 28, July 12, 2024
If, after a de novo review of the Director's decision to
				  dismiss a charge or issue a Notice of Default, the Chief Legal Counsel
				  determines that the Director's decision should be sustained, he/she shall enter
				  an order stating the findings and reasons for that determination. Otherwise,
				  the Chief Legal Counsel shall order that the dismissal or default be vacated
				  and either the charge be returned to the Charge Processing Division of the
				  Department for additional investigation or a substantial evidence finding be
				  entered. The Chief Legal Counsel shall cause the order to be served on the
				  Director and all parties to the charge and to be timely published on the
				  Department's website. The order shall remain on the Department's website for a
				  period of two years from the date the order is entered. The order shall be
				  removed from the website and maintained in hard copy at the Department's office
				  in Chicago, Illinois for an additional two years. After the expiration of the
				  two-year period, the Department shall send the order to the Illinois State
				  Archives and it will be available for public inspection for an additional five
				  years. In the case of a default that is sustained, a copy of the order shall
				  also be served on the Human Rights Commission, so that it may conduct further
				  proceedings pursuant to Section 7-101.1(C) of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart G - RELATIONS WITH LOCAL HUMAN RIGHTS AGENCIES › Section 2520.630 - Cooperative Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to the following requirements, the Department may
				  enter into a written agreement with a local agency to jointly process or
				  transfer from one to the other for processing allegations of unlawful
				  discrimination.
a) Application by
				local agency
1) A local agency which desires
				to enter into a cooperative agreement with the Department may apply in writing
				to the Director at the Department's Chicago office. The application shall
				consist of at least the following items:
A) A
				copy of the ordinance(s) under which the local agency is established and which
				it administers;
B) A copy of any
				regulations or other written policies and procedures governing the local
				agency's operations;
C) A narrative
				statement signed by the agency's chair or chief executive officer describing:
i) its total budget and available
				resources;
ii) the size of its
				staff, both full/and part-time;
iii) its current or annual caseload of
				discrimination complaints; and
iv)
				the nature and duration of the cooperative arrangement it seeks with the
				Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart G - RELATIONS WITH LOCAL HUMAN RIGHTS AGENCIES › Section 2520.640 - Nature of Cooperative Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
A cooperative agreement executed by and between the
				  Department and a local agency may provide for any of the following
				  arrangements, separately or in combination:
a) Dual-filing of local charges - The local
				agency may transfer to the Department a charge that it has docketed and over
				which the Department has jurisdiction. The charges shall be accepted by the
				Department and docketed as Department charges if received by the Department
				within 180 days following the alleged discrimination and if they meet the
				requirements of the Act and the Department's rules. Upon acceptance of a
				charge, the Department will notify the local agency of the docket number it has
				assigned to the charge.
b) Referral
				of Department charges - The Department may refer to the local agency charges
				that the Department has received that allege violations also within the
				jurisdiction of the local agency. The local agency shall promptly notify the
				Department whether it has accepted the referred charge and, if so, the docket
				number it has assigned to the charge. If a local agency accepts a charge, the
				Department shall defer processing the charge until the local agency completes
				its investigation and issues findings as to the charge. A local agency's
				notarization ("perfection") of the charge for purposes of the local agency's
				investigation shall not equate to "perfection" for the Department. Upon
				receiving the local agency's findings, the Department shall provide the
				complainant the opportunity to perfect the charge and to have the Department
				investigate the complainant's charge. If within 35 days after receiving notice
				that the complainant may perfect the charge with the Department, the
				complainant does not notify the Department of the complainant's election to
				perfect the charge with the Department, the Department may close the
				complainant's unperfected charge. If the complainant elects to perfect the
				charge with the Department, at its discretion the Department may adopt the
				findings of the local agency.
c)
				Transfer of non-jurisdictional charges - The Department and the local agency
				may agree to transfer, from one to the other, any charges either may receive
				that are not within the recipient's jurisdiction but may be within the other's
				jurisdiction. The agreement shall provide that the transferee will accept and
				docket a charge if it meets its lawful requirements for a charge and if the
				transfer is received within its lawful time requirement for the filing of a
				charge. The transferee will further agree to promptly notify the transferor
				whether it has accepted and docketed the charge and, if so, the assigned docket
				number.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart G - RELATIONS WITH LOCAL HUMAN RIGHTS AGENCIES › Section 2520.650 - Training and Technical Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
Under the terms of any cooperative agreement under Section
				  2520.630
				  of this Part, or upon written application by a local agency to the Director,
				  the Department may provide training and/or technical assistance to a local
				  agency in the procedures and techniques utilized by the Department in
				  receiving, investigating and attempting to resolve charges of unlawful
				  discrimination. In determining whether to provide such training upon
				  application, the Department will consider the expertise already possessed by
				  the local agency, the number and types of charges filed in its area, and the
				  competing demands upon the Department's resources. The Department's approval of
				  a cooperative agreement incorporating provisions as set forth in Section
				  2520.640(a) and
				  (b) of this Part, or the effective date of
				  such an agreement, may be conditioned upon the successful completion by the
				  local agency's appropriate staff of such training.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart G - RELATIONS WITH LOCAL HUMAN RIGHTS AGENCIES › Section 2520.660 - Promotion of Communication and Goodwill

Current through Register Vol. 48, No. 28, July 12, 2024
The Department and a local agency may agree at any time to
				  jointly sponsor or conduct conferences, seminars, public hearings or the like
				  or engage in other endeavors, and to publish the results thereof, which are
				  designed to gather or disseminate information or to foster improved human
				  relations, understanding and the achievement of equal opportunity and
				  interfaith and interracial harmony.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart H - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION BY STATE EXECUTIVE AGENCIES › Section 2520.710 - Scope and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart implements the affirmative action provisions of
				  the Act, which apply to every State executive department,State agency,board,
				  commission and instrumentality [775
				  ILCS 5/2-105(B) and 7 -105]. Agencies
				  of the legislative and judicial branches and local government entities and
				  State colleges and universities are excluded. This Subpart interprets the
				  responsibilities imposed on covered agencies to practice EEO and affirmative
				  action in employment. This Subpart also describes the methods by which the
				  Department will monitor and assist agencies in complying with those
				  obligations.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart H - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION BY STATE EXECUTIVE AGENCIES › Section 2520.720 - Affirmative Action Groups

Current through Register Vol. 48, No. 28, July 12, 2024
Section 2-105(B) of the Act requires agencies to keep
				  records, analyze their workforces, and establish numerical and program goals
				  for employment by race, national origin, sex anddisability, and any other
				  category which the Department may require by rule [775
				  ILCS 5/2-105(B) ]. State agency
				  affirmative action efforts should focus upon the following groups: Blacks and
				  African Americans, women, Hispanics and Latinos, American Indians and Alaskan
				  Natives, Asians, Native Hawaiians and Other Pacific Islanders, and disabled
				  persons. The Department will apply the criteria of Section
				  2520.730
				  to identify other groups to be added to this list.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart H - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION BY STATE EXECUTIVE AGENCIES › Section 2520.730 - Consideration of Additional Groups

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Criteria - In order for an affirmative action group to be recognized, a
				petitioning group must present to the Director the following criteria:
1) the relationship between the proportion of
				an affirmative action group in the State population and the proportion of the
				affirmative action group in State employees, and whether that proportion is
				less than 4/5 of the availability of that group in each of the 8 EEO
				categories;
2) other authoritative
				statistical evidence, surveys and studies reflective of the discrimination
				experienced by the group, particularly, but not exclusively, as they relate to
				experience in Illinois;
3) the
				frequency with which charges alleging the discrimination, as compared to
				discrimination against other minorities, have been filed with the Department,
				its predecessors and other federal and local entities that investigate
				employment discrimination charges;
4) whether employment discrimination is
				longstanding against the group in question and is without an adequate legal
				remedy that is under State law; and
5) evidence of a continuing cycle of
				discrimination that, without affirmative action, will continue.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart H - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION BY STATE EXECUTIVE AGENCIES › Section 2520.760 - Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a) Adoption and
				Maintenance - Every agency shall develop and adopt a plan conforming to the
				requirements of this Section, and shall review and update the plan at the
				beginning of each State fiscal year.
b) Filing and Approval - By September 1 of
				each year, every agency shall file with the Department a complete copy of its
				plan, including any amendments or additions made for that year. If an agency
				submits a written request for an extension before September 1, the Director may
				grant an extension of up to 30 days. The request for an extension should state
				the reason for the extension. The Department will review each agency's plan to
				determine if it complies with the requirements of this Section. The Department
				may confer with representatives of the agency and request further information
				to make this determination. The agency may make revisions to its plan as
				suggested by the Department to achieve compliance. Within 45 days after receipt
				of the plan, the Director shall provide to the agency's Chief Executive Officer
				either a statement indicating that the plan satisfies the requirements of this
				Section or a statement specifying any deficiencies and the measures necessary
				to achieve compliance. If, within 30 days thereafter, the agency fails to
				correct any deficiencies noted by the Director, the Director shall invoke the
				sanctions provided in Section
				2520.797
				for agency noncompliance.
c)
				Modifications - After an agency's plan has been approved by the Director, an
				agency may modify its plan by filing, with the Department, a copy of the
				proposed modifications together with a written statement outlining the
				modifications and the reasons for the modification. The modifications shall be
				reviewed by the Department and approved or disapproved in the same manner as
				provided in subsection (b).
d)
				Contents - Every agency's plan shall include the items specified, and be
				organized as indicated, in Appendix A.
e) Guidelines and Assistance - The Department
				may promulgate and distribute to agencies manuals and guidelines for the
				preparation of plans. Agencies may also obtain technical assistance by
				accessing the Department's website at
http://www2.illinois.gov/dhr/pages/liaison.aspx
.
f) Public Disclosure - Upon
				request, a State agency shall make available for public inspection during
				normal business hours a copy of its current plan.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart H - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION BY STATE EXECUTIVE AGENCIES › Section 2520.780 - Equal Employment Opportunity Officers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Agencies with 1,000 or More Employees
1) Every agency employing 1,000 or more
				individuals or administratively separate subdivisions of agencies with 1,000 or
				more individuals shall appoint a full-time EEO Officer, subject to the approval
				of the Department.
2) The EEO
				Officer shall report directly to the agency's Chief Executive Officer and shall
				be on the Chief Executive Officer's administrative staff.
3) When a vacancy occurs in the position of
				EEO Officer, the agency's Chief Executive Officer shall immediately so notify
				the Director, identifying the agency employee who shall serve as interim EEO
				Officer.
A) Within 30 days of the occurrence
				of such vacancy or the expiration of any extension, the Chief Executive Officer
				shall nominate an individual to fill the vacancy and submit his/her resume and
				other relevant materials to the Director for approval.
B) Within 15 days of receiving a nomination,
				the Director shall notify the Chief Executive Officer in writing whether the
				nominee is approved.
C) The
				Director of Central Management Services or his/her designee shall not complete
				any personnel transaction regarding the appointment of any agency EEO Officer
				without written evidence of the approval of that appointment by the
				Director.
D) If not approved, the
				Director and the Chief Executive Officer may confer to discuss or reevaluate
				the appointment, and the Chief Executive Officer shall submit another
				nomination to fill the vacancy.
E)
				If the Director determines that an agency has not made a concerted effort to
				fill the position, the Director shall invoke the sanctions for noncompliance
				provided in Section
				2520.797
				of this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart H - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION BY STATE EXECUTIVE AGENCIES › Section 2520.790 - Complaint Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) Internal
				Complaints - When any agency employee complains of employment discrimination
				against the agency through a grievance under the Personnel Code, a collective
				bargaining agreement or an internal agency grievance mechanism, the agency's
				EEO Officer shall be notified of the grievance not later than at the time it
				reaches the level of the agency's Chief Executive Officer. The EEO Officer
				shall attend the grievance hearing at that level either as the hearing officer
				or as a consultant to the hearing officer. If serving as a consultant to the
				hearing officer, the EEO Officer shall provide a written recommendation to the
				hearing officer regarding the disposition of the grievance within the timeframe
				applicable under the grievance mechanism, and the hearing officer shall
				consider the recommendation in determining the merits of the
				grievance.
b) External Complaints -
				When a charge or complaint alleging employment discrimination against an agency
				is filed with the Department, the U.S. Equal Employment Opportunity Commission
				or any other government agency, the agency shall provide a copy of the charge
				or complaint to the agency's EEO Officer immediately upon being served. The EEO
				Officer shall then promptly conduct a preliminary investigation, and make a
				recommendation to the agency's Chief Executive Officer concerning resolution of
				the complaint. The EEO Officer shall also participate in any conferences or
				hearings convened by the enforcement agency with which the charge or complaint
				is filed, and make recommendations to the agency's Chief Executive Officer or
				designee for disposition of the matter.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart H - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION BY STATE EXECUTIVE AGENCIES › Section 2520.797 - Sanctions for Noncompliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Show
				Cause Notice - If a State agency is determined by the Director to have violated
				or failed to comply with a requirement of this Subpart and the agency has been
				afforded an opportunity to respond to or confer with the Department over that
				determination, the Department shall serve upon the agency's Chief Executive
				Officer a notice specifying the nature of the violation or noncompliance. The
				notice shall provide that the agency has 15 days from receipt to respond in
				writing to the Director setting forth a compromise or resolution of the matter.
				Within 30 days of receipt of a timely response, the Department shall review it,
				and if the response is sufficient, may resolve the matter pursuant to written
				agreement with the agency or by written statement that it will not proceed with
				the sanctions provided in subsection (b).
b) Sanctions - If an agency fails to
				satisfactorily respond to notice pursuant to subsection (a) of this Section, or
				if an agency is determined by the Department to have violated or failed to
				comply with this Subpart and has otherwise been afforded an opportunity to
				respond to or confer with the Department over that determination without an
				accord being reached, the Director shall send to the agency's Chief Executive
				Officer a Letter of Finding of Noncompliance specifying the nature of the
				violation or noncompliance. A copy shall be submitted to the Governor. A Letter
				of Finding of Noncompliance shall be a "public record", subject to disclosure
				pursuant to the Freedom of Information Act [5 ILCS 140 ]. In addition to
				sending the Letter of Finding of Noncompliance, the Director may initiate a
				charge of a civil rights violation against the agency pursuant to Section
				7A-102 of the Act, alleging the matters that constitute the agency's
				noncompliance, and shall cause the Department to conduct an in-depth compliance
				review of the agency's equal opportunity and affirmative action posture and
				practices. The Director may also cause judicial proceedings to be commenced
				against the agency to compel the agency's compliance with the Act and this
				Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart I - SEXUAL HARASSMENT IN HIGHER EDUCATION POLICIES › Section 2520.810 - Posting of Sexual Harassment Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a) Section 5A-101.1 of the Act requires
				institutions of higher education to post, in a prominent and accessible
				location, a poster stating sexual harassment laws and policies. The institution
				is given three posting options. The posting documents are to be provided by the
				Department on its website.
1) If an
				institution of higher education chooses option (i) as specified in the Act, the
				institution must post in accessible common areas its sexual harassment policies
				and ensure the posting continues to be prominent and accessible to
				students.
2) If an institution of
				higher education chooses option (ii) as specified in the Act, the institution
				must prominently post its sexual harassment policies and send an electronic
				copy to each student each time registration materials are sent.
3) If an institution of higher education
				chooses option (iii) as specified in the Act, the institution must send each
				student an electronic copy of sexual harassment policies and require each
				student to acknowledge review of those policies prior to the student's
				completion of online registration for each academic term.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart I - SEXUAL HARASSMENT IN HIGHER EDUCATION POLICIES › Section 2520.820 - Notice to Show Cause

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
				Department receives allegations that an institution of higher education has
				failed to comply with Section 5A-101.1 of the Act and the Department's
				preliminary investigation pursuant to Section 5A-101.1(C) of the Act reveals
				that the institution has failed to post its sexual harassment policy in
				accordance with the Act, the Department may issue to the institution a Notice
				to Show Cause. The Notice to Show Cause shall specify the provisions of the Act
				with which the institution has failed to comply and shall state what steps the
				institution must take to comply with the Act.
b) The institution shall have 30 days to
				respond to the Notice to Show Cause. In its response, the institution shall
				describe the modifications to policies and practices it will take to conform to
				the provisions of the Act and/or dispute the Department's determination that
				the institution has failed to comply with the Act.
c) If, upon review of the institution's
				response to the Notice to Show Cause, the Department determines that the
				institution has not corrected its failure to conform to the posting provisions
				of the Act, the Department shall consider an institution's reason for its
				failure to comply when determining whether to file a charge of civil rights
				violation against the institution.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart I - SEXUAL HARASSMENT IN HIGHER EDUCATION POLICIES › Appendix D - Illinois Counties by Region

Current through Register Vol. 48, No. 28, July 12, 2024
These regions will be effective July 1, 2015.
REGION 1
REGION 2
REGION 3
REGION 4
Cook
Boone
Bureau
Adams
Dekalb
Ogle
Carroll
Brown
DuPage
Stephenson
Henry
Hancock
Grundy
Winnebago
Jo Daviess
Henderson
Kane
LaSalle
Knox
Kankakee
Lee
McDonough
Kendall
Mercer
Pike
Lake
Putnam
Schuyler
McHenry
Rock Island
Warren
Will
Whiteside
REGION 5
REGION 6
REGION 7
REGION 8
DeWitt
Champaign
Christian
Bond
Fulton
Douglas
Cass
Calhoun
Livingston
Ford
Greene
Clinton
Marshall
Iroquois
Logan
Jersey
Mason
Piatt
Macon
Madison
McLean
Vermilion
Macoupin
Monroe
Peoria
Menard
Randolph
Stark
Montgomery
St. Clair
Tazewell
Morgan
Washington
Woodford
Sangamon
Scott
Shelby
REGION 9
REGION 10
Clark
Alexander
Perry
Clay
Edwards
Pope
Coles
Franklin
Pulaski
Crawford
Gallatin
Saline
Cumberland
Hamilton
Union
Edgar
Hardin
Wabash
Effingham
Jackson
Wayne
Fayette
Jefferson
White
Jasper
Johnson
Williamson
Lawrence
Massac
Marion
Moultrie
Richland
These regions are effective through June 30, 2015.
REGION 1
REGION 2
REGION 3
REGION 4
Cook
Boone
Bureau
Fulton
DuPage
Carroll
Henderson
Mason
Grundy
DeKalb
Henry
Peoria
Kane
Jo Daviess
Knox
Tazewell
Kendall
Lee
Mercer
Woodford
Lake
Ogle
Rock Island
McHenry
Stephenson
Stark
Will
Whiteside
Warren
Winnebago
REGION 5
REGION 6
REGION 7
REGION 8
Kankakee
Champaign
Christian
Adams
LaSalle
Douglas
DeWitt
Brown
Livingston
Ford
Logan
Calhoun
Marshall
Iroquois
Macon
Cass
McLean
Vermilion
Macoupin
Greene
Putnam
Menard
Hancock
Montgomery
Jersey
Piatt
McDonough
Sangamon
Morgan
Pike
Schuyler
Scott
REGION 9
REGION 10
REGION 11
Bond
Clark
Marion
Alexander
Perry
Clinton
Clay
Moultrie
Edwards
Pope
Madison
Coles
Richland
Franklin
Pulaski
Monroe
Crawford
Shelby
Gallatin
Randolph
St. Clair
Cumberland
Hamilton
Saline
Washington
Edgar
Hardin
Union
Effingham
Jackson
Wabash
Fayette
Jefferson
Wayne
Jasper
Johnson
White
Lawrence
Massac
Williamson
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2525 - JOINT RULES OF THE DEPARTMENT OF LABOR AND DEPARTMENT OF HUMAN RIGHTS: RULES ON INVESTIGATION OF EQUAL PAY ACT CASES

Current through Register Vol. 48, No. 28, July 12, 2024
The text of this Joint Rule appears at 56 Ill. Adm. Code
				325.
AUTHORITY: Implementing Section 15(d) of the Equal Pay Act
				[820 ILCS
				112/15(d) ] and authorized by Section
				7-101(A) of the Illinois Human Rights Act [775 ILCS
				5/7-101(A)
				].
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2530 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON SEX DISCRIMINATION IN EMPLOYMENT

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is a joint rule of the Human Rights Commission and
				the Department of Human Rights. The text of this Part appears at 56 Ill. Adm.
				Code 5210.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2535 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT › Subpart A - INTERPRETATIONS › Section 2535.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part interprets the provisions of Section 2-102(I), (J)
				  and (K) of the Illinois Human Rights Act [775 ILCS 5 ] prohibiting
				  discrimination in employment on the basis of pregnancy, requiring employers to
				  reasonably accommodate a job applicant's or employee's pregnancy, and requiring
				  employers to notify employees of their rights under these statutes. For
				  purposes of these prohibitions against discrimination on the basis of
				  pregnancy, Section 2-102(I), (J) and (K) apply to all units of State and local
				  government in Illinois, to all persons employing one or more individuals, and
				  to all employment agencies and labor organizations (see Section 2-101(B), (C)
				  and (D) of the Act).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2535 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT › Subpart A - INTERPRETATIONS › Section 2535.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Act - the Illinois Human Rights Act [775 ILCS 5 ].
Commission - the Illinois Human Rights Commission.
Common condition related to pregnancy or childbirth - a
				  condition that commonly develops as a result of pregnancy or childbirth, or the
				  physiological changes or processes that accompany pregnancy or childbirth.
				  Examples of common conditions related to pregnancy or childbirth include, but
				  are not limited to, backaches, cramping, headaches, morning sickness or nausea,
				  frequent urination, sleeplessness, fatigue, lifting impairments, physical
				  imbalance, swollen ankles, feet or fingers, and lactation.
Department - the Illinois Department of Human Rights.
Health care provider - a person who provides medical or
				  health services related to pregnancy or childbirth, including, but not limited
				  to, obstetricians or gynecologists, perinatologists, family physicians,
				  physician assistants, nurse practitioners, certified nurse midwives, and
				  certified doulas.
Medical condition related to pregnancy or childbirth - a
				  physical or mental impairment, condition, feature or attribute that develops as
				  a result of or in conjunction with pregnancy or childbirth. Medical conditions
				  related to pregnancy or childbirth need not constitute a disability within the
				  meaning of the Act and may be transitory in nature. Examples of medical
				  conditions related to pregnancy or childbirth include, but are not limited, to
				  gestational diabetes, preeclampsia, post-partum depression, ectopic pregnancy,
				  miscarriage, hypothyroidism and toxoplasmosis.
Pregnancy condition - pregnancy, childbirth or medical or
				  common condition related to pregnancy or childbirth.
Reasonable accommodation - shall have the same meaning
				  ascribed in Section 2-102(J) of the Act.
Undue hardship - shall have the same meaning ascribed in
				  Section 2-102(J) of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2535 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT › Subpart B - REASONABLE ACCOMMODATION › Section 2535.100 - Duty to Accommodate

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Employers and labor organizations must make reasonable accommodations for any
				medical or common condition related to pregnancy or childbirth, unless the
				employer or labor organization can demonstrate that the accommodation would
				impose an undue hardship on the ordinary operations of the business of the
				employer or labor organization.
b)
				Reasonable accommodations include, but are not limited to:
1) Modifications or adjustments to a job
				application process that enable a qualified job applicant affected by a
				pregnancy condition, to be considered for the position;
2) Modifications or adjustments to the work
				environment, or to the manner or circumstances under which the position is
				customarily performed, that enable a qualified job applicant or employee
				affected by a pregnancy condition to be considered for the position the
				applicant desires or to perform the essential functions of her
				position;
3) Modifications or
				adjustments to an employee's full or part-time employment status, work
				schedule, job structure or job assignments, or a temporary transfer to another
				position, if the employee affected by a pregnancy condition is unable to
				perform the essential functions of her position;
4) Modifications or adjustments that enable
				an employee affected by a pregnancy condition to enjoy equal benefits and
				privileges of employment as are enjoyed by other similarly situated
				employees.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2535 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT › Subpart B - REASONABLE ACCOMMODATION › Section 2535.110 - Undue Hardship

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				employer has the burden of proving undue hardship.
b) An accommodation imposes an undue hardship
				on the ordinary operation of the business of the employer if it is
				prohibitively expensive or disruptive when considered in light of the following
				factors:
1) The nature and cost of the
				accommodation needed;
2) The
				overall financial resources of the facility or facilities involved in the
				provision of the reasonable accommodation, the number of persons employed at
				the facility, the effect on expenses and resources, or the impact otherwise of
				the accommodation upon the operations of the facility;
3) The overall financial resources of the
				employer, the overall size of the business of the employer with respect to the
				number of its employees, and the number, type and location of its facilities;
				and
4) The type of operation or
				operations of the employer, including the composition, structure and functions
				of the workforce of the employer and the geographic separateness and
				administrative or fiscal relationship to the employer of the facility or
				facilities in question.