Discovery. The investigation methods available to the parties shall be laid down in rules adopted by the Commission. The Hearing Officer shall determine whether the defendant has committed or is committing the violation of civil rights in respect of the accused person in the complaint. A decision in support of an appeal must be based on a balance of probabilities. dismissal with prejudice or an order in default recommended as a sanction for a party`s failure to pursue its case, file a required pleading, appear at a hearing or otherwise comply with this Act, the rules of the Board or any previous order of the Hearing Officer. The Commission has adopted these procedural and substantive rules in the context of the implementation of the Human Rights Regulation. the same rules of evidence as those applicable before the courts of that State in civil matters. (775 ILCS 5/8A-104) (from Chapter 68, paras. 8A-104) § 8A-104.
Relief; Punish. If a violation of citizens` rights is established, a Hearing Officer may make recommendations, and the Commission or a three-member panel may provide for any remedies or sanctions referred to in this Article, individually or jointly, by issuing a decision ordering the defendant: (a) Injunction. Omission and omission of any violation of this Act. (b) Actual Damages. Payment of actual damages, as reasonably determined by the Commission, for the injury or loss suffered by the complainant. (c) recruitment; Recovery; Promotion; Additional payment; Benefits. Hiring, reinstating or upgrading the complainant, with or without additional payment, or providing benefits that may have been denied. (d) restoration of membership; Admission to programs.
Admission or reinstatement of the complainant`s affiliation with a work organization, counselling program, apprenticeship program, on-the-job training program or other vocational training or retraining program. (e) public places. Have the complainant admitted to a public place. (f) Services. To grant the plaintiff full and equal enjoyment of the defendant`s goods, services, facilities, privileges, benefits or accommodation. (g) lawyers` fees; Cost. pay the complainant all or part of the costs of maintaining the claim, including reasonable legal and expert fees incurred to pursue the claim before the Ministry, the Commission and in judicial review and enforcement proceedings. However, under the amending Act of 1987, no attorneys` fees or costs will be awarded for a fee for which the complaint was filed with the Commission before December 1, 1987. For all charges in respect of which complaints were filed with the Commission before 1 December 1987, attorneys` fees and expenses shall be awarded in accordance with the provisions of this subsection as they existed before the revision by this amending Act of 1987. (h) Compliance report.
Report on compliance arrangements. (i) Publication of Notices. Post conspicuously any notices that the Commission may publish, or cause to be published, setting out the requirements for compliance with this Act or other relevant information that the Commission considers necessary to explain this Act. (j) make the complainant complete. Take the necessary steps to ensure that the individual plaintiff is complete, including, but not limited to, awarding interest on the plaintiff`s actual injury and paying retroactively from the date of the civil rights violation. Provided that, under the amending 1987 Act, no interest for injury is granted in respect of an indictment in which the complaint was filed with the Commission before 1 December 1987. All charges in respect of which a complaint was filed with the Commission before 1 December 1987 shall be granted full discharge in accordance with this subdivision as it existed before it was amended by this amending Act 1987. According to this section, no distinction is made between complaints from the Ministry and complaints from the aggrieved party. (Source: P.A. 86-910.) (f) Discovery. The procedure for collecting information from parties and witnesses is laid down by the Commission in regulations. If the Commission has not adopted a regulation on a particular type of disclosure, the Code of Civil Procedure can be considered a convincing authority.
The methods of disclosure are the same as in civil cases brought before the district courts of that State, but provided that a party may make the disclosure only with the permission of the Hearing Officer and for good cause. (g) Hearing. (1) Both the appellant and the respondent may (775 ILCS 5/8A-102) (from chapter 68, paras. 8A-102) § 8A-102. Hearing of the complaint. (A) Services. Within five days of the filing of a complaint by the department or aggrieved party ensure that the Commission is informed to the respondent together with a notice of hearing before a hearing officer of the Commission at a place specified in the notice. (b) the time and place of the hearing. An initial hearing shall be scheduled not more than thirty and ninety days after service of the complaint in a place within one hundred miles of the place where the violation of civil rights allegedly took place. The Hearing Officer may, for valid reasons, postpone the date of the hearing. (c) Amendment. (1) A complaint may be amended under oath by providing the following pages of the property ordinance that link to that page.
the appeal within 30 days and, if the request is rejected by the Hearing Officer, the time limit for lodging the reply shall be 15 days from the date of rejection of the request. (2) If the defendant applies to dismiss the application and agrees that the submissions and the recommended order shall be drawn up by a hearing officer who did not preside over the public hearing. appear at the hearing, examine witnesses and cross-examine them. If the respondent concludes that he or she did not participate in the discriminatory practice alleged in the complaint or that a balance of evidence does not support the complaint, he or she must make his or her findings of fact and recommend to the parties and the Department that the complaint be dismissed. The link above will take you to the Cook County City Code, where you will find the order passed by the Council of Commissioners of Cook County on March 16, 1993 in the section entitled Chapter 42. The Human Rights Ordinance protects all persons in the county from discrimination and harassment in employment, public housing, housing, credit transactions, and county facilities, programs and services. Rejection or admission in the reply shall be deemed admissible unless the respondent indicates in his reply that he does not have sufficient knowledge or information to form a conviction with respect to such an allegation. Instructions recommended by the Hearing Officer and exceptions and written answers, as well as any other procedure provided for in this Section, the Commission shall decide, through a committee of 3 members, whether or not to accept the case for reconsideration. If the committee refuses to consider the recommended order, it becomes an order of the Board. If the Committee accepts the case, it shall examine the minutes and may accept, amend or withdraw all or part of the conclusions and recommendations of the Hearing Officer.
include reasonable compensation for attorneys` fees in favour of the respondent against the complainant or his counsel, or both, if the Hearing Officer concludes that the complaint was frivolous, unreasonable or unfounded, or that the complainant proceeded after this became clear.