HB 5068

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.