Amends the Illinois Human Rights Act. Provides that for charges alleging violations under the Equal Employment Opportunity Commission or the Illinois Human Rights Act, if the EEOC issues a right to sue, the Department will issue a Departmental right to sue. Provides that if the complainant does not file a written request with the Department to review the EEOC's determination within 35 days after receipt of the Department's notice, the Department shall issue to the complainant, within 10 business days after the expiration of the 35-day period, a Departmental right to sue notice stating that the complainant has the right, within 90 days after receipt of the Department's notice, to either file the complainant's own complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court. Requires the Department, within 10 days of the date on which the charge was filed, to serve a copy of the charge on the respondent and provide all parties with a notice of the complainant's right to opt out of the investigation within 60 days to commence an action in circuit court and the complainant's right to request a Departmental right to sue notice after 60 days has elapsed to file in the Human Rights Commission or commence a civil action in circuit court. Provides that within 10 business days of receipt of the complainant's request to opt out of the investigation, the Director shall issue an opt out notice to commence an action in circuit court to the parties. Provides that a Departmental right to sue notice does not constitute a finding of substantial evidence or of a lack of substantial evidence. Requires that any Departmental right to sue notice to state that the complainant shall have 90 days from the date of receipt of the notice to either file the complainant's own complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court.
House Floor Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the bill with these changes. Requires the Department of Human Rights to notify the parties that the complainant may request a Departmental notice of right to sue when submitting the Equal Employment Opportunity Commission determination after the Department receives notice that a charge was filed with the EEOC. Requires that if the EEOC does not issue a determination or determines that it is unable to establish illegal discrimination, the Department must proceed as follows: if the complainant timely notifies the Department of the EEOC's determination and also requests in writing that the Department issue a Departmental notice of right to sue, then the Department shall issue such notice within 10 business days after the receipt of the EEOC's determination and request from the complainant; but if the complainant does not submit the written request as required when notifying the Department of the EEOC's determination, then the Department must inform the parties, within 10 business days after receipt of the EEOC's determination, that the Department will issue a Departmental notice of right to sue unless the complainant requests in writing within 35 days after receipt that the Department review the EEOC's determination. Provides that if the complainant does file a written request with the Department to review the EEOC's determination, the Department shall review the EEOC's determination and may review any information submitted by the complainant with the written request and any evidence obtained by the EEOC during its investigation. Provides that if the Department receives a written request from the complainant to opt out of the investigation after the 60-day opt-out time period has elapsed, the Department shall process the request as a request for a Departmental notice of right to sue. Provides that if more than 365 days have elapsed after the charge is filed, or any such longer period agreed to in writing by all the parties, the complainant may exercise the complainant's rights to either file a complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court without requesting or obtaining a Departmental notice of right to sue. Makes structural changes. Provides that the changes made to the Section governing procedures by Public Act 104-425 apply to charges pending or filed on or after January 1, 2026.

Statutes affected:
Introduced: 775 ILCS 5/7