reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5220 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND THE DEPARTMENT OF HUMAN RIGHTS: NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT › Section 5220.500 - Pre-Employment Inquiries

Current through Register Vol. 48, No. 28, July 12, 2024
An employer, employment agency or labor organization may not
				require a job applicant to disclose his or her national origin or ancestry,
				unless it can show a bona fide occupational qualification. Likewise, an
				employer, employment agency or labor organization may not require a job
				applicant to disclose his or her citizenship where a citizenship requirement
				would have the purpose or effect of discriminating against a person on the
				basis of national origin. In deciding whether a citizenship requirement is
				having the effect of discriminating against individuals on the basis of
				national origin, the Human Rights Commission and the Department of Human Rights
				will consider whether the percentage of the employer's workers of a particular
				national origin group is similar to the percentage of qualified workers of the
				same national origin group found in the geographical area from which the
				employer draws his or her workers. An analagous analysis will be applied to
				charges brought against employment agencies and labor organizations which have
				citizenship requirements. Nothing in this section shall be construed to require
				an employer, employment agency or labor organization to employ individuals who
				are not able to lawfully work in the United States (See Section
				5220.600 ).
				It is not a violation of the Act for an employer, employment agency or labor
				organization to uniformly inquire of all applicants whether they are able to
				lawfully work in the United States.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5220 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND THE DEPARTMENT OF HUMAN RIGHTS: NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT › Section 5220.600 - Undocumented Workers

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois Human Rights Act does not require an employer,
				employment agency or labor organization to employ any individual who is not
				able to lawfully work in the United States. The protections of the Act will,
				however, extend to all individuals, regardless of their ability to work
				lawfully in the United States. Accordingly, individuals who are not able to
				lawfully work in the United States will be allowed to file charges with the
				Illinois Department of Human Rights ("The Department"), and said charges will
				be processed in accordance with the law.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5220 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND THE DEPARTMENT OF HUMAN RIGHTS: NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT › Section 5220.700 - Suspect Employment Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
The use of selection criteria which have a disparate impact on
				individuals of a national origin group is unlawful, unless the criteria are
				justified by business necessity. It is not a defense to show that the total
				selection process does not have a disparate impact. The following selection
				criteria may have a disparate impact on national origin groups:
a) Height or weight requirements;
b) Fluency in English requirements, such as
			 denying employment opportunities because of an individual's foreign accent or
			 inability to communicate well in English; and
c) Training or education requirements which
			 deny employment opportunities to an individual because of his or her foreign
			 training or education, or which require an individual to be foreign trained or
			 educated.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5220 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND THE DEPARTMENT OF HUMAN RIGHTS: NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT › Section 5220.800 - Speak English Only Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 employer may not have a rule requiring that employees speak only in English at
			 all or at certain times where the rule has the purpose or effect of
			 discriminating against individuals on the basis of national origin. It is a
			 defense to an allegation that a "speak English" rule has a disparate impact on
			 a particular national origin group to show that the rule is justified by
			 business necessity.
b) It is common
			 for an individual whose primary language is not English to inadvertently change
			 from speaking English to speaking his or her primary language. Therefore, if an
			 employer believes it has a business necessity for a speak-English-only rule at
			 certain times, the employer should inform its employees of the general
			 circumstances when speaking only in English is required and of the consequences
			 of violating the rule. If an employer fails to effectively notify its employees
			 of the rule and makes an adverse employment decision against an individual
			 based on a violation of the rule, the Human Rights Commission ("the
			 Commission") and the Department will consider the employer's application of the
			 rule as evidence of discrimination on the basis of national origin.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5220 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND THE DEPARTMENT OF HUMAN RIGHTS: NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT › Section 5220.900 - Harassment

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employer has
			 an affirmative duty to maintain a working environment free of harassment on the
			 basis of national origin.
b) Ethnic
			 slurs and other verbal or physical conduct relating to an individual's national
			 origin constitute harassment when this conduct:
1) has the purpose or effect of creating an
			 intimimating, hostile or offensive working environment;
2) has the purpose or effect of unreasonably
			 interfering with an individual's work performance; or
3) otherwise adversely affects an
			 individual's employment opportunities.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart A - INTERPRETATIONS › Section 5300.10 - Definition of Terms

Current through Register Vol. 48, No. 28, July 12, 2024
Where used in this Part, unless the context otherwise clearly
				  requires:
"Act" means the Illinois Human Rights Act [775 ILCS 5
				  ].
"Administrative Law Judge" means a hearing officer appointed
				  by the Commission pursuant to Section 8-102(D) of the Act.
"Aggrieved Party" means a person who is alleged or
				  proven to have been injured by a civil rights violation or believes he or she
				  will be injured by a civil rights violation under Article 3
of the Act
that is about to occur.
(Section 1-103(B) of the Act)
"Chairperson" or "Chair" means the chief presiding officer of
				  the Commission, designated by the Governor.
"Charge" means an allegation of a civil rights violation
				  filed with or initiated by the Department in accordance with the Act and this
				  Part.
"Civil Rights Violation" means any of the acts or practices
				  constituting civil rights violations under Sections 2-102, 2-103, 2-105(C),
				  3-102, 3-102.1, 3-103, 3-104, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of
				  the Act.
"Commission" means the Illinois Human Rights
				  Commission.
"Commissioner" means any duly appointed member of the Human
				  Rights Commission, including, unless the context otherwise requires, the
				  Chairperson.
"Complainant" means a person who files a charge with the
				  Department, including the Department in the case of a charge initiated by the
				  Department itself. The term shall have the same meaning in connection with a
				  complaint filed by the Department or by an aggrieved party with the
				  Commission.
"Complaint" means a written complaint for hearing filed by
				  the Department or by an aggrieved party with the Commission in accordance with
				  the Act and this Part.
"Department" means the Department of Human Rights
				  (DHR).
"Director" means the Director of the Department or a duly
				  authorized designee.
"Electronic Filing" means filing a document in transferable
				  electronic format via the internet or facsimile.
"Executive Director" means the Executive Director of the
				  Commission or a duly authorized designee.
"Party" means a person designated as complainant or
				  respondent in a charge or complaint.
"Person" has the meaning prescribed in Section 1-103 of the
				  Act.
"Respondent" means a person against whom a charge or
				  complaint is filed in accordance with the Act and this Part.
"Vice Chair" means the Commissioner, selected by the
				  Commission to serve in that capacity, who is authorized to act in the absence
				  of the Chairperson to ensure that
vacancies do not impair the right of
				  the remaining members to exercise all the powers of the Commission
(Section 8-101(C)(3) of the Act).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart A - INTERPRETATIONS › Section 5300.20 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of computing any period of time provided for
				  under the Act or this Part, the date of any act, event, service or default from
				  which such period of time begins to run shall not be included. If the last day
				  of any such period of time shall fall on a Saturday, Sunday or legal State
				  holiday, such time period shall continue to run until the end of the next day
				  which is not a Saturday, Sunday or legal State holiday. When the period of time
				  prescribed or allowed is less than seven days, intermediate Saturdays, Sundays
				  and legal State holidays shall be excluded from the
				  computation.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart A - INTERPRETATIONS › Section 5300.30 - Service of Pleadings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Manner of
				Service. Unless otherwise provided, all motions, orders, notices and other
				pleadings required to be served under the Act or this Part shall be served
				either personally, electronically, or by first-class mail.
b) Proof of Service. Proof of service shall
				be filed when service is required. Proof of service shall consist of the
				statement of the individual making service, specifying the manner and date of
				such service and the address of each recipient. If the individual making
				service is not an attorney, the statement shall be verified.
c) Effective Date of Service by Mail. Service
				by mail is complete four days after the date of mailing stated in the proof of
				service.
d) Effective Date of
				Personal or Electronic Service. Service by personal delivery or electronic
				means is complete on the date of transmission stated in the proof of
				service.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart A - INTERPRETATIONS › Section 5300.50 - Separability

Current through Register Vol. 48, No. 28, July 12, 2024
In the event any provision or term of this Part, or any
				  amendment thereto, is determined by a court or other authority of competent
				  jurisdication to be invalid, such determination shall not affect the remaining
				  provisions which shall continue in full force and effect.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart B - RECORDS AND WITNESSES › Section 5300.210 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Issuance
1) Subpoenas shall be issued by a
				Commissioner to compel the attendance of a witness or the production of books,
				payrolls, records, correspondence, documents, papers or other evidence under
				the following circumstances:
A) At the
				instance of the Department to facilitate its investigation of a charge;
				or
B) At the instance of a party to
				the proceedings, in connection with a hearing convened pursuant to this Part;
				or
C) At the instance of a party to
				the proceedings, solely to obtain the production of books, payrolls, records,
				correspondence, documents, papers or other evidence from non-parties in
				anticipation of a hearing convened pursuant to this Part. Subpoenas issued in
				anticipation of a hearing may issue at any time subsequent to the time all
				respondents have answered the complaint or are required to answer the complaint
				and not prior to that time, except by agreement of the parties or with leave of
				the Administrative Law Judge. This Section does not confer a right on a party
				to take a deposition of any person.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart B - RECORDS AND WITNESSES › Section 5300.220 - Access to Commission Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Request for Review Records - Except as otherwise provided in this Part, the
				record in every pending charge considered by the Commission on a request for
				review shall be confidential and not subject to public disclosure, provided
				that the parties to such a charge and the Department shall be allowed access to
				the record upon making suitable arrangements therefor at any time after final
				disposition by the Commission of the request for review.
b) Hearing Records - The official record in
				every Complaint before the Commission or an Administrative Law Judge shall
				consist of the charge, Complaint, and notice of public hearing, and all
				subsequent pleadings, notices, motions, evidence received, and statements of
				matters officially noticed, offers of proof and objections and rulings thereon,
				transcripts, briefs and memoranda received from the parties or the Department
				for the consideration of the Commission or Administrative Law Judge, orders and
				decisions and exceptions and responses thereto, and amendments to any of the
				above. The official record (except such evidence as is placed under protective
				order by the Administrative Law Judge or the Commission) shall be available for
				public inspection upon making appropriate arrangements with the Commission
				employee having custody of such record, at any time after issuance of the
				notice of hearing. The parties shall have access to the entire official
				record.
c) Retention of Records -
				The Commission shall maintain in its offices all files available for inspection
				by the public or a party pursuant to subsections (a) and (b), for the full
				period during which such file is active and for an additional period of at
				least two years from the date when all proceedings (including any proceedings
				pursuant to the Administrative Review Law [735 ILCS 5 /Art. III]) have been
				disposed of. Final Orders and Decisions of the Commission, Final Orders of
				Administrative Law Judges in cases under the alternative hearing procedure, and
				Orders pursuant to requests for review will be retained as part of the
				permanent record of the Commission.
d) Copies - The Commission shall not provide
				copies of documents that are available for inspection by any person under this
				Subpart B, except to the extent that extra copies may exist in the Commission's
				files.
e) Place of Inspection -
				Inspection of any files or documents which are available for that purpose shall
				be permitted only at the office of the Commission at which such file or
				document is maintained.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart C - SETTLEMENTS › Section 5300.310 - Settlement Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) If terms
				of settlement are agreed to by the Parties to a Charge prior to the filing of a
				Complaint and if the terms of settlement are approved by the Department
				pursuant to Section 7A-103 of the Act, the proposed settlement agreement shall
				be filed by the Department with the Commission at its Chicago office.
b) If terms of settlement are agreed to by
				the Parties after a Complaint has been filed, the Parties shall submit the
				terms of settlement to the Administrative Law Judge assigned to the case. The
				Administrative Law Judge shall transmit the terms to the Commission for
				approval pursuant to Section
				5300.320
				of this Part. If there is no Administrative Law Judge assigned to the case, the
				Parties shall submit the terms directly to the Executive Director of the
				Commission.
c) Terms of settlement
				shall be in writing and signed by the Parties.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart C - SETTLEMENTS › Section 5300.320 - Consideration by Commission

Current through Register Vol. 48, No. 28, July 12, 2024
Proposed terms of settlement shall be considered by a
				  three-member panel of the Commission. If the proposed terms are unambiguously
				  drawn, not inconsistent with the Act, and knowingly and voluntarily entered
				  into, the Commission shall approve them by entering an order incorporating the
				  terms of settlement and dismissing the charge pursuant thereto. Said order
				  shall be served by the Commission on the Department and the
				  parties.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart C - SETTLEMENTS › Section 5300.330 - Non-Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the
				Department believes that a party has violated written terms of a settlement
				approved by the Commission, it may file a notice with the Commission, with
				service upon all parties, specifying the nature of the alleged violation and
				praying for an order remanding the matter for hearing or authorizing the
				Department to seek judicial enforcement.
b) Whenever the Department files a notice of
				a violation, the party allegedly violating the Commission's order may file a
				response with the Commission within 15 days after service of the notice upon
				it. A 3 member panel of the Commission shall consider the Department's notice
				and the response, if any, and shall enter an order, with service on the parties
				and the Department, which shall either direct the Department to seek judicial
				enforcement pursuant to Section 8-111(C) of the Act, remand the matter to an
				Administrative Law Judge, or find that no violation exists. If the Commission
				determines that a violation has occurred, it will instruct the Department to
				seek judicial enforcement. If the Commission is unable to determine whether a
				violation has occurred, it will remand the matter to an Administrative Law
				Judge for a hearing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart D - REQUEST FOR REVIEW › Section 5300.400 - Applicability of the Subpart

Current through Register Vol. 48, No. 28, July 12, 2024
a) This
				Subpart D applies only to requests for review in cases in which the charge was
				filed after January 1, 2008. Pursuant to Section 8-103 of the Act, the
				Commission has jurisdiction over requests for review in cases in which the
				cause of action was filed on or after January 1, 2008.
b) After January 1, 2008, all requests for
				review received by the Department will be evaluated by Department staff to
				determine if the charge in the case was filed on or after January 1, 2008. If
				the charge was, in fact, filed on or after January 1, 2008, the staff of the
				Department will stamp the date the request for review was received by the
				Department on the face of that document and then forward it to the Commission
				for processing pursuant to Section 8-103 of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart D - REQUEST FOR REVIEW › Section 5300.410 - Filing with Commission

Current through Register Vol. 48, No. 28, July 12, 2024
A party may request review by the Commission of a decision by
				  the Department to dismiss or default by filing a request for a review with the
				  Commission at its Chicago office after receipt of the Department's notice of
				  its decision. The request may be accompanied by an argument and supporting
				  materials.
a) The Request for Review
				deadline is 90 days after the date of service of the Notice of Dismissal or 30
				days after the date of service of the Notice of Default. If the last day falls
				on a Saturday, Sunday, or legal State holiday, the
				90th or 30th day shall be
				the day after the weekend date or legal State holiday. DVD submissions and any
				other electronic media, such as audio or video recordings, in support of a
				request are not acceptable and will be returned to the sender.
b) The Request for Review, argument, and
				supporting materials shall not exceed 45 pages. Once a proper Request for
				Review is filed with the Commission by the requesting party, a Notice of the
				Request for Review will be immediately served on the Department of Human Rights
				and the non-requesting party to the Charge by the Commission. Once the Request
				for Review is filed, the Commission will not accept additional arguments or
				exhibits from the requesting party. With the exception of electronically filed
				PDF documents, no electronic media will be accepted.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart D - REQUEST FOR REVIEW › Section 5300.420 - Notice by Commission

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission shall notify the Department and other parties
				  to the charge of the filing of a timely request for review. Notice to the
				  Department shall be accompanied by a copy of the request. Only the Department
				  and the party requesting review shall participate in any proceedings under this
				  Subpart.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart D - REQUEST FOR REVIEW › Section 5300.430 - Response by Department

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department has 30 days from the date of service of the Notice of Filing Request
				in which to file a Response with the Commission. The Department shall serve a
				copy on the requesting party and all original parties to the Charge at the same
				time. If the Department opposes the Request for Review, its response shall
				consist of the following:
1) a copy of the
				Charge, including amendments;
2)
				the Department's investigation report;
3) results of additional DHR investigation,
				if any; and
4) a statement of DHR's
				position, including proposed findings to support dismissal.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart D - REQUEST FOR REVIEW › Section 5300.440 - Reply to Response

Current through Register Vol. 48, No. 28, July 12, 2024
a) The party
				filing the Request may, within 15 days after service of the response, file a
				Reply with the Commission, with service on the Department at the same time.
				Only Replies that are limited to addressing issues raised in the response will
				be considered by the Commission. Replies shall not exceed 30 pages.
b) The respondent on the charge, in case of
				dismissal, or the complainant, in the case of default, may file a Response to
				the Request for Review within 15 days after receipt of the Department's
				Response to the Request for Review. The Response shall be filed with the
				Commission, serving a copy at the same time on the party filing the Request and
				the Department. The Response shall not exceed 30 pages.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart D - REQUEST FOR REVIEW › Section 5300.450 - Extensions of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) A party may seek
				additional time to file an argument and material in support of a timely Request
				for Review or timely reply to the Department's response pursuant to this
				subsection. For a Request for Review and the Department's response, one 30-day
				extension will be allowed through the issuance of an Executive Director order.
				For a reply and a non-requesting party response, one 15-day extension will be
				allowed through the issuance of an Executive Director order. The Department
				shall file its response in accordance with Section
				5300.430
				within 30 days after receipt of the additional argument or materials.
b) The Department may request additional time
				to file its response by filing a written motion with the Commission, serving a
				copy at the same time on the party filing the Request for Review and all
				parties to the original Charge. A request for additional time not exceeding 30
				days shall be granted by the Commission through the issuance by the Executive
				Director of a written order served on the party filing the Request for Review
				and on the Department.
c) Any
				motion for an extension of time for over 30 days in matters concerning a
				Request for Review and the Department's response and 15 days for a reply and a
				non-Requesting party response shall be considered by a Panel of three
				Commissioners.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart D - REQUEST FOR REVIEW › Section 5300.460 - Consideration of Request for Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) A three-member panel of the Commission
				will review the Request for Review and, if it agrees with the Department, it
				shall enter an order stating its findings and reasons.
b) In instances of default, the Commission
				will notify the Complainant that the Complainant has the option of having a
				hearing to determine damages conducted by a Commission Administrative Law Judge
				or the circuit court.
c) Within 90
				days after the Complainant's receipt of this Order of Default, the Complainant
				shall elect to either commence a civil action for damages in the appropriate
				circuit court by filing an appropriate pleading with the circuit court in
				accord with court rules and procedures; or the Complainant shall file a written
				request with the Commission to set a hearing on damages, to be conducted in
				conformity with this Part. If the Complainant fails to take the affirmative
				steps described in this subsection to commence or set a hearing on damages, the
				Complainant may be deemed to have waived the right to damages. The Complainant
				shall serve the Respondent and the Department with notice of the commencement
				of the hearing on damages. If the Complainant elects to commence a civil action
				for damages in the circuit court, the Complainant shall also serve the
				Commission with notice of those proceedings.
d) Should the Commission Panel find in favor
				of the requesting party, it shall order that the dismissal or default entered
				by the Department be vacated, and, when appropriate, remanded to the Department
				for action consistent with the vacate order.
e) If the dismissal or default is affirmed,
				the matter may be appealed to the Appellate Court within 35 days after the date
				of service of the Commission's Final Order.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart D - REQUEST FOR REVIEW › Section 5300.470 - Additional Information or Referral for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Additional Information - Whenever the
				Commission determines that additional information is necessary in order for it
				to reach a decision on a request for review, it shall order that the Department
				or the party making the request file such additional information for its
				consideration.
b) Hearing -
				Whenever the Commission determines that a hearing should be held on a factual
				issue before it makes its decision on a request for review, it shall enter an
				order referring the matter to the Chief Administrative Law Judge. The order
				shall specify the nature and scope of the proceedings to be had. After
				conclusion of the proceedings, the Administrative Law Judge shall file with the
				Commission a report which shall include findings of fact and conclusions based
				thereon, serving copies at the same time on the Department and the party
				requesting review.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart D - REQUEST FOR REVIEW › Section 5300.480 - Decision

Current through Register Vol. 48, No. 28, July 12, 2024
If the Commission determines that the Department's decision
				  should be sustained, it shall enter an order stating its findings and reasons,
				  and, in the case of a Request for Review of a decision to default, shall
				  further order that the matter be referred to the Department for further
				  proceedings consistent with the Act. Otherwise, it shall order that the
				  dismissal or default of the Department be vacated. The Commission shall cause
				  the order to be served on the Department and all parties to the
				  charge.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart D - REQUEST FOR REVIEW › Section 5300.495 - Pending Requests

Current through Register Vol. 48, No. 28, July 12, 2024
All requests for review pending on the effective date of this
				  Part shall be considered in accordance with the provisions of this Subpart D;
				  Provided, the Department shall have thirty (30) days from the effective date of
				  this Part to file its response in accordance with Section
				  5300.430.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart E - HEARINGS › Section 5300.510 - General

Current through Register Vol. 48, No. 28, July 12, 2024
All parties shall have the right to be represented by
				  counsel, to be present and to participate in any hearing under this Part,
				  except a hearing under Section
				  5300.470(b)
				  of this Part in which only the Department and the party filing the Request
				  shall participate. The right to participate shall include the rights to call,
				  examine and cross-examine witnesses and to introduce evidence into the
				  record.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart E - HEARINGS › Section 5300.520 - Conduct of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) All hearings
				hereunder, including hearings under the alternative hearing procedure, shall be
				conducted consistent with this Part by an Administrative Law Judge who shall be
				a licensed attorney appointed to be an Administrative Law Judge for the
				Commission pursuant to Section 8-102(D) of the Act.
b) The Chief Administrative Law Judge shall
				assign to an Administrative Law Judge each Complaint or other matter on which
				hearing is required. The Chief Administrative Law Judge may, in his/her
				discretion, combine several Complaints or requests for review for purposes of
				hearing and other proceedings, when it is found that sufficient common issues
				of fact or law are involved. If the Parties timely elect to proceed by right or
				are granted leave to proceed under the alternative hearing procedure, the Chief
				Administrative Law Judge shall, if the selected Administrative Law Judge is
				other than the Administrative Law Judge to whom the Complaint was originally
				assigned, reassign the Complaint to the selected Administrative Law Judge for
				hearing and other proceedings. If a Complaint which was proceeding under the
				alternative hearing procedure ceases to so proceed due to the unavailability of
				the selected Administrative Law Judge and the Parties' failure to timely select
				another, the Chief Administrative Law Judge will reassign the Complaint to an
				Administrative Law Judge for hearing and other proceedings not under the
				alternative hearing procedure.
c)
				All hearings once commenced shall continue on successive work days until
				completed unless the Administrative Law Judge rules otherwise by announcement
				at the hearing or by appropriate notice to all parties.
d) All hearings shall be open to the public
				except hearings upon requests for review.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart E - HEARINGS › Section 5300.530 - Powers and Duties of Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subject to the provisions of the Act and
				of this Part, the Administrative Law Judge shall have full authority to govern
				the procedure of the hearing and to admit or exclude testimony or other
				evidence.
b) The Administrative Law
				Judge shall rule on all proper motions and objections by any party from the
				time the Judge is assigned the matter by the Chief Administrative Law Judge or
				selected by the Parties electing to proceed under the alternative hearing
				procedure until the Judge's recommended decision and/or Final Order is filed
				with the Commission or issued to the Parties.
c) The Administrative Law Judge may exclude
				from the proceedings any person who engages in improper conduct at the hearing.
				At the request of any party, the Administrative Law Judge shall exclude all
				witnesses from the hearing room, except that one representative of each party
				in addition to counsel shall be allowed to remain throughout.
d) The Administrative Law Judge may grant
				continuances for good cause shown. Requests for continuance shall be made in
				writing to the Administrative Law Judge sufficiently in advance of a scheduled
				hearing to permit reasonable notice to all parties.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart E - HEARINGS › Section 5300.540 - Ex Parte Communications

Current through Register Vol. 48, No. 28, July 12, 2024
A party or his representative shall not communicate, directly
				  or indirectly, with an Administrative Law Judge in connection with any issue of
				  fact or in connection with any other issue except upon notice and opportunity
				  for all parties to participate.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart E - HEARINGS › Section 5300.560 - Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each Complainant
				and Respondent shall enter a written appearance on the Party's own behalf or by
				counsel as soon as practicable after issuance of the Complaint, serving copies
				at the same time on all Parties. An appearance by a Party or counsel with the
				Department prior to issuance of the Complaint shall constitute an appearance
				before the Commission, except when:
1) The
				Complaint is filed by the Complainant pursuant to Section 7A-102(G)(2) of the
				Act, or
2) The appearance
				explicitly limits representation to proceedings conducted by the
				Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart F - COMPLAINT AND ANSWER › Section 5300.610 - Filing of Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
Complaints shall be filed by the Department or, pursuant to
				  Section 7A-102(G) of the Act, by the Aggrieved Party with the Chief
				  Administrative Law Judge. Where the Department files the Complaint, it shall
				  immediately serve a Notice of Filing on all Parties.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart F - COMPLAINT AND ANSWER › Section 5300.620 - Service of Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
Within five days after a Complaint is duly filed with the
				  Commission by the Department or by an Aggrieved Party, the Commission shall
				  cause it to be served on all Parties either personally or by depositing copies
				  in the mail, properly addressed and posted, for certified
				  delivery.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart F - COMPLAINT AND ANSWER › Section 5300.625 - Elections in Real Estate Transaction Cases

Current through Register Vol. 48, No. 28, July 12, 2024
When a Complaint is filed under Section 7B-102(F) of the Act,
				  a Complainant, a Respondent, or an Aggrieved Party on whose behalf the
				  Complaint was filed, may elect to have the claims asserted in that Complaint
				  decided in a civil action in a circuit court of Illinois. The election must be
				  made not later than 20 days after the receipt by the electing Person of service
				  of the Complaint by the Commission. The Person making the election shall file
				  it with the Commission and shall give notice of doing so to the Department and
				  to all other Complainants, Respondents and Aggrieved Parties to whom the charge
				  relates. If an election is made, the Commission will act no further on the
				  Complaint. The file on the Complaint will be closed by administrative action.
				  If an election is not made, the Commission will continue proceedings on the
				  Complaint in accordance with the Act and this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart F - COMPLAINT AND ANSWER › Section 5300.630 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The Complaint shall be accompanied by a Notice of Hearing
				  which shall state the time, place and nature of the hearing upon the Complaint,
				  the legal authority and jurisdiction under which the hearing is to be held, and
				  a reference to the particular sections of the Act and Rules involved. The
				  hearing shall be scheduled to commence not less than thirty (30) nor more than
				  ninety (90) days following service of the Complaint, and at a site within one
				  hundred (100) miles of the place where the act or practice complained of is
				  alleged to have occurred; provided, however, that the hearing may be convened
				  on any other date or at any other place upon the consent of the Parties. All
				  Parties shall be notified in the Notice of Hearing of the Administrative Judge
				  to whom the Complaint has been assigned. All pleadings and other documents
				  related to the Complaint shall be directed to such Administrative Law
				  Judge.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart F - COMPLAINT AND ANSWER › Section 5300.640 - Answer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Time of Filing -
				Each Respondent shall file an answer to the Complaint within thirty (30) days
				of the date of service of the Complaint, but the Administrative Law Judge to
				whom the Complaint is assigned may, upon motion and for good cause shown, grant
				further time for the filing of an answer. In the event a Respondent files a
				motion to dismiss the Complaint within the said thirty (30) days and said
				motion is denied, such Respondent shall have fifteen (15) days from the date of
				service of an order of denial within which to file its answer. In addition, the
				Administrative Law Judge may require a Respondent to file an answer or
				supplemental answer within a reasonable time following an amendment to the
				Complaint.
b) Service - An answer,
				supplemental answer, or motion to dismiss or response thereto, shall be served
				upon all Parties, and upon the Department to the attention of its General
				Counsel.
c) Contents - The answer
				shall be in writing and signed under oath or affirmation, and shall contain:
1) A specific admission or denial of, or
				assertion that the Respondent is without sufficient knowledge or information to
				form a belief with respect to, each and every allegation of the
				Complaint;
2) A statement of any
				matter constituting a defense against any allegations of the
				Complaint;
3) The name, post office
				address and telephone number of Respondent and Respondent's counsel.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart F - COMPLAINT AND ANSWER › Section 5300.650 - Amendments to Pleadings

Current through Register Vol. 48, No. 28, July 12, 2024
a) At any
				time prior to issuance of the Administrative Law Judge's Recommended Order and
				Decision or Final Order in a case proceeding under the alternative hearing
				procedure, the pleadings may be amended for good cause shown. A motion to amend
				under this Subsection shall be in writing, and shall state the specific
				amendments proposed and the reasons therefor. Where the Department filed the
				Complaint in the case, a motion to amend the Complaint may be made by either
				the Department or the Complainant. A motion to amend a pleading shall be served
				upon all Parties, and upon the Department to the attention of its Chief Legal
				Counsel. Where leave is granted to file an amended Complaint, it must be served
				upon all Parties of record and the Department by the Complainant, or by the
				Department if it moved to amend, within 7 days after the date of the Order
				granting leave to file the amended Complaint, or within such additional time as
				the Administrative Law Judge may order. It is not the obligation of the
				Commission to serve amended Complaints.
b) Amendments to the Complaint may encompass
				any unlawful discrimination which is like or reasonably related to the charge
				and grows out of the allegations in such charge, including, but not limited to,
				allegations of retaliation.
c) A
				motion made prior to the close of a hearing that a pleading be amended to
				conform to the evidence may be addressed orally on the record to the
				Administrative Law Judge conducting the hearing and shall be granted for good
				cause shown.
d) An amendment to a
				pleading shall relate back to the date of the filing of the original
				pleading.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart F - COMPLAINT AND ANSWER › Section 5300.660 - Substitution and Addition of Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) A Complaint may be amended by the
				Complainant to substitute or name additional Parties Respondent if such parties
				are successors or assigns of a named Respondent. Mere misnomer of a Party,
				however, shall not be grounds for dismissal and may be cured at any time by
				amendment of the pleadings. A Person may be added as Party Respondent, even if
				that Person is not a successor or an assign of the named Respondent, if the
				following terms and conditions are met:
1)
				The Charge in the case was filed within 300 days after the date of the civil
				rights violation allegedly committed by the Person sought to be added as a
				Party Respondent;
2) The failure to
				join the Person as a Party Respondent was inadvertent;
3) The Person sought to be added as a Party
				Respondent was given notice of the filing of the Charge at the time the
				original Charge was filed;
4) The
				nature of the original Charge was such that the Person sought to be added knew,
				within the 300 day period, that the Charge grew out of a transaction or
				occurrence involving or concerning him or her;
5) The addition of the Person sought to be
				named as a Party Respondent does not raise new factual questions which were not
				considered by the Department of Human Rights in its investigation;
				and
6) The cause of action alleged
				against the Person sought to be made a Party Respondent in the case arises out
				of the same transaction or occurrence set out in the original
				Complaint.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart G - DISCOVERY AND PRACTICE › Section 5300.710 - Prehearing Memorandum

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				notice of public hearing issued in conjunction with a Complaint shall be
				accompanied by a description of the contents to be included in a prehearing
				memorandum to be completed jointly by the parties. The purpose of the
				memorandum shall be to ascertain the positions of the parties and to reach
				agreements on stipulations of fact, admission of documents and other matters
				that will expedite the hearing and determination of the Complaint. Once the
				parties have completed the memorandum, the Administrative Law Judge may issue a
				pre-hearing Order reflecting matters agreed to and rulings as to disputed
				matters. The Administrative Law Judge may waive the preparation of a prehearing
				memorandum when a party is not represented by counsel. The Administrative Law
				Judge may order a prehearing conference, if one is deemed necessary.
b) Should a party fail substantially to
				comply with the directions set out for the pre-hearing memorandum or fail to
				appear at a scheduled pre-hearing conference, the Administrative Law Judge, on
				motion, may file a recommendation of dismissal or default or issue a Final
				Order disposing of a case proceeding under the alternative hearing procedure or
				other appropriate Order imposing sanctions as justice may require.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart G - DISCOVERY AND PRACTICE › Section 5300.720 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) For all
				complaints not proceeding under the alternative hearing procedure, discovery
				shall be obtainable through the following methods:
1) Written Interrogatories - A party may
				direct written interrogatories to any other party, serving copies of the
				interrogatories at the same time on all other parties. The interrogatories
				shall be restricted to the subject matter of the complaint or defense and shall
				avoid undue detail or the imposition of excessive burden or expense on the
				answering party. Within 28 days after service of the interrogatories upon the
				answering party, the answering party shall serve upon the propounding party an
				answer under oath or affirmation, or an objection to each interrogatory,
				serving copies of the answers and objections at the same time on all other
				parties. Any objection to an answer or refusal to answer an interrogatory
				shall, upon motion of the party propounding the interrogatory, be ruled upon by
				the Administrative Law Judge. When appropriate, a document may be served in
				answer to an interrogatory. Supplemental interrogatories shall not be allowed
				except on leave of the Administrative Law Judge for good cause shown.
2) Production, Inspection, Copying or
				Photographing of Documents and Tangible Things - A party, by written request
				served upon all other parties, may require any other party to produce for
				inspection, copying, or photographing any document, object, or tangible thing
				that is relevant to the subject matter of the complaint or defense. The party
				upon whom the request is served shall respond to the request within 28 days,
				stating, with respect to each item or category, that inspection and related
				activities will be permitted as required unless the request is objected to, in
				which event the reasons for objection shall be stated. The response shall be
				served on all parties. On motion of the requesting party, the Administrative
				Law Judge shall rule with respect to the objections.
3) Depositions
A) A deposition may be taken only under the
				provisions of Section 8-104(F) of the Act.
B) A party may take discovery depositions
				either for good cause shown or by agreement. A discovery deposition taken for
				good cause or by agreement may be taken only upon leave of the Administrative
				Law Judge. No party shall serve a notice of deposition for a discovery
				deposition without the leave of the Administrative Law Judge.