TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.10 DEFINITION OF TERMS
Section 2520.10 Definition
of Terms
For purposes of this Part, the
following terms shall have the meanings indicated:
Act – the Illinois Human Rights Act [775 ILCS 5].
Charge – an allegation of a civil rights violation filed with
or initiated by the Department, and with regard to Subpart F, one filed with a
local human rights agency.
Chief Legal Counsel – the Chief Legal Counsel of the
Department or a duly authorized designee.
Commission – the Illinois Human Rights Commission or, where
appropriate, a panel of three Commissioners.
Complainant – a person who files a charge or a complaint,
including the Department in the case of a charge initiated by the Department.
Complaint – a written complaint for hearing filed with the
Commission.
Days – calendar days.
Department – the Department of Human Rights.
Director – the Director of the Department or a duly
authorized designee.
Local Agency – any department, commission or other
instrumentality of a municipality or other political subdivision of the State
of Illinois, or of two or more such political subdivisions acting jointly,
which is duly established to serve purposes consistent with those of the Act.
Party – the complainant or respondent.
Person – an entity as described in Section 1-103 of the Act
[775 ILCS 5/1-103].
Request for Review – as to charges filed with the Department
before January 1, 2008, an appeal filed with the Chief Legal Counsel as
described in Section 7A-102(D)(3) of the Act before passage of PA 95-243 [775
ILCS 5/7A-102(D)(3)]. As to charges filed with the Department on or after
January 1, 2008, an appeal filed with the Commission as described in Section
7A-102(D)(3) of the Act.
Respondent – a person against whom a charge or complaint is
filed.
Unlawful Discrimination – any form of discrimination
prohibited under the Act or under a local ordinance administered by a local
agency.
(Source: Amended at 32 Ill.
Reg. 13482, effective August 1, 2008)
 | TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.20 COMPUTATION OF TIME
Section 2520.20 Computation
of Time
To compute any period of time
provided for under the Act, the date of any act, event, service or default from
which such period of time begins to run shall not be included. When the last
day of any such period falls 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. Whenever a time period commences upon
a person's receipt of service or notice, and service is by mail, receipt shall
be presumed to occur on the fifth day after mailing.
(Source: Amended at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.30 SERVICE OF DOCUMENTS
Section 2520.30 Service of
Documents
a) Manner of Service. Unless otherwise provided, all documents
required to be served under the Act or this Part shall be served personally, by
telefax, by electronic service, by U.S. mail, or by private delivery service.
b) Proof of Service. When service on the Department is required,
proof of service shall be filed with the Department consisting of the verified
statement of the individual making service, specifying the title of the
document, manner and date of service.
c) Effective Date of Service
1) Service by mail shall be deemed complete five days after
mailing of the document, properly addressed and posted for delivery to the
person to be served.
2) Service
by telefax or electronic service shall be deemed complete when transmitted,
regardless of when the recipient opens or reads the electronic communication,
properly addressed to the person to be served. Telefax or electronic service
served on a Saturday, Sunday or legal state holiday are deemed served on the
following business day.
(Source: Amended at 44 Ill.
Reg. 19864, effective December 14, 2020)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.40 FILING WITH THE DEPARTMENT
Section 2520.40 Filing with
the Department
Documents required to be filed
with the Department will be deemed filed when received, if hand-delivered,
telefaxed, or electronically submitted. An item delivered by the U.S. Postal
Service will be deemed to have been filed when postmarked, properly addressed
and posted for delivery. An item delivered by a private delivery service will
be deemed to have been filed on the date sent as indicated on the label, or in
the absence of such a date on the label, will be deemed filed on the date
received. An item submitted electronically will be
deemed to have been filed on the date received by the Department's electronic
communication system, unless it is submitted on a Saturday, Sunday or legal
State holiday, in which case, it is deemed filed on the following business day.
(Source: Amended at 44 Ill.
Reg. 19864, effective December 14, 2020)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.50 SEPARABILITY
Section 2520.50 Separability
In the event any provision or
term of this Part, or any amendment thereto, is determined by a court or other
authority of competent jurisdiction to be invalid, such determination shall not
affect the remaining provisions which shall continue in full force and effect.
(Source: Amended at 5 Ill. Reg. 1627, effective February 9, 1981)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.110 PRESERVATION OF RECORDS BY EMPLOYERS, LABOR ORGANIZATIONS, EMPLOYMENT AGENCIES AND RESPONDENTS
Section 2520.110
Preservation of Records by Employers, Labor Organizations, Employment Agencies
and Respondents
a) Employers subject to the Act shall preserve and maintain the
following records, to the extent that they may exist, for the periods indicated
herein:
1) Applications for employment, resumes, and other documents or
supporting materials submitted by or on behalf of applicants; and all interview
forms, aptitude or qualifying examinations, personal history or background
examination reports, medical history and physical examination reports, and
other documents, pertaining to each applicant, for a period of one year from
the date of application;
2) Each employee's personnel file, including performance
evaluations, attendance/tardiness records, reprimands and disciplinary records,
and suspension, lay-off, termination or resignation records, for a period of
one year from the date of such employee's termination or separation from
employment;
3) Job descriptions, production standards, and other records of
required job duties, qualifications and performance criteria, for a period of
one year following the date the same cease to be effective.
b) Labor organizations subject to the Act shall preserve and
maintain the following membership and business records to the extent that they
may exist for the periods indicated herein:
1) Applications for membership or transfer of membership, and
supporting documents or materials submitted by or on behalf of any applicant,
and any records bearing on the disposition thereof, for a period of one year
from the date of application;
2) All membership and apprenticeship records, including records
pertaining to the discipline, suspension or expulsion of a member, apprentice,
or trainee, for a period of one year from the date of expulsion or separation
of any such person from membership or an apprenticeship or training program;
3) All grievance and arbitration records, including documents
pertaining to the request by or on behalf of any member of the collective
bargaining unit that a grievance be initiated, and any documents reflecting the
disposition of such a request or the disposition of any grievance filed, for a
period of one year from the date of such request or from the date of final
resolution of the grievance.
c) Employment agencies shall preserve the following documents for
a period of one year from the time these documents are created:
1) all applications for assignment to an employer, and documents
in support thereof;
2) any documents bearing on the disposition thereof;
3) documents relating to the terms and conditions of an
assignment.
d) Charge Pending – Notwithstanding any other provision of this
Part, once a charge has been served on a respondent, the respondent shall
preserve all records and other evidence pertaining to the charge until the
matter has been finally adjudicated.
(Source: Amended at 18 Ill. Reg. 16829, effective November 4, 1994)
SUBPART B: CHARGE
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.310 TIME OF FILING (REPEALED)
Section 2520.310 Time of
Filing (Repealed)
(Source: Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.320 FORM (REPEALED)
Section 2520.320 Form
(Repealed)
(Source: Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.330 CONTENTS
Section 2520.330 Contents
A charge shall be in such detail
as to substantially apprise parties of the time, place and facts with respect
to the alleged civil rights violation. The charge shall contain the following:
a) the full name and address of the complainant; however, upon request
of complainant or respondent and with agreement of the Department, the name of
complainant will not be released to the public;
b) the full name and address of each respondent;
c) a statement of the facts alleged to constitute a prima facie
case of a civil rights violation, including the date, time, and place of the
violation;
d) a statement of each specific harm the complainant has suffered
as a consequence of the alleged civil rights violation; and
e) complainant's signature notarized under oath or affirmation or verified by certification (as required by Sections
7A-102(a)(1) and 7B-102(a)(1) of the Act) stating:
Under penalties as provided by
law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned
certifies that the statements set forth in this instrument are true and
correct, except as to matters therein stated to be on information and belief
and as to such matters the undersigned certifies as aforesaid that he verily
believes the same to be true. [735 ILCS/5/1-109]
(Source: Amended at 44 Ill.
Reg. 19864, effective December 14, 2020)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.340 REQUIREMENTS FOR CHARGE (REPEALED)
Section 2520.340
Requirements for Charge (Repealed)
(Source: Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.350 UNPERFECTED CHARGE
Section 2520.350
Unperfected Charge
In the event the Department
receives a written statement from an individual which complies substantially
with Section 2520.330 of this Part, the Department may accept and docket the
statement (or a refined version of it) as an unperfected charge. The Department
shall notify the complainant in writing of the elements which must be
supplied. If the complainant fails or refuses to perfect the charge as
specified, the charge may be dismissed pursuant to Section 2520.560 if this
Part.
(Source: Amended at 30 Ill. Reg. 18715, effective November 20, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.360 AMENDMENT
Section 2520.360 Amendment
a) A charge may be amended to cure technical defects or to set
forth additional facts or allegations related to the subject matter of the
original charge, and such amendments shall relate back to the original filing
date.
b) A charge may be amended to include new harms or bases which
occurred within 180 days of the amendment or, for charges under Article 3 of
the Act, one year of the date of the amendment.
c) A charge may be amended to substitute or name additional
respondents. Such an amendment will relate back to the original filing date if
at the time of the amendment a separate charge could have been timely filed
against such additional respondent or such additional respondent had timely
notice of the original charge and the fact it might be involved therein. Mere
misnomer of a party may be cured at any time.
d) If a party dies during pendency of the proceedings, the charge
may be amended to substitute the legal representative, or other person with a
legally recognized interest in the decedent's estate, for the deceased.
(Source: Amended at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.370 SUBSTITUTION AND ADDITION OF PARTIES (REPEALED)
Section 2520.370
Substitution and Addition of Parties (Repealed)
(Source: Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.380 WITHDRAWAL OF CHARGE
Section 2520.380 Withdrawal
of Charge
A charge or any part may be
withdrawn at any time prior to issuance of a notice dismissing the charge or
the filing of a Complaint based on the charge. A complainant's request to
withdraw a charge shall be in writing and signed and shall specifically reference
the Department's charge number and any applicable federal or local charge
numbers. The Department shall approve the request if it is knowingly and
voluntarily made, and shall administratively close the charge pursuant to
Section 2520.550 of this Part.
(Source: Amended at 18 Ill. Reg. 16829, effective November 4, 1994)
SUBPART C: PROCEDURE UPON CHARGE
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.405 VERIFIED RESPONSE TO CHARGE
Section 2520.405 Verified Response to Charge
a) Pursuant
to Section 7A-102(B), for charges filed prior to September 8, 2017, within 60
days after receipt of the notice of the charge, or of a substantive amendment
to a charge that includes new harms, bases or respondents pursuant to Section
2520.360(b) and (c), respondent shall file a verified response to the
allegations in the charge. Respondent shall serve a copy of the verified response
on complainant or complainant's representative and shall show proof to the
Department that the copy was served on complainant or complainant's
representative.
b) Pursuant
to Section 7B-102(B), for charges filed prior to September 8, 2017, within 30 days
after receipt of the notice of the charge, or of a substantive amendment to a
charge that includes new harms, bases or respondents pursuant to Section
2520.360(b) and (c), respondent shall file a verified response to the
allegations in the charge. Respondent shall serve a copy of the verified
response on complainant or complainant's representative and shall show proof to
the Department that the copy was served on complainant or complainant's
representative.
c) When,
without good cause shown, respondent's verified response is not timely filed
and/or served on complainant or complainant's representative, complainant may
raise that issue before the Department. The raising of an issue of an untimely
filed and/or served verified response with the Department does not relieve
complainant of complainant's duty to comply with the Department's
investigation.
d) Pursuant
to Sections 7A-102(B) and 7B-102(B) of the Act, good cause for untimely filing
a verified response may include, but shall not be limited to:
1) Death
or sudden, serious illness of respondent or respondent's representative; or
2) Death
or sudden, serious illness of an immediate family member of respondent or
respondent's representative; or
3) Respondent
filed and served a timely verified response, but the Department later
determined that respondent's verified response was defective; or
4) Respondent
acted with due diligence and was not deliberate or contumacious and did not
unwarrantedly disregard the verified response process, as supported by
affidavit or other evidence; or
5) Respondent's
failure to timely file a verified response was due to circumstances beyond respondent's
control, as supported by affidavit or other evidence.
e) Whether good cause
exists is in the sole discretion of the Department.
f) When
respondent is responding to a notice to show cause for failing to timely file
the verified response and/or timely serve a copy on complainant or complainant's
representative, respondent shall include the verified response with the response
to the notice to show cause and show proof that respondent has served the
verified response on complainant or complainant's representative.
(Source: Amended at 42 Ill.
Reg. 17235, effective September 17, 2018)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.407 RESPONSE TO CHARGE
Section 2520.407 Response to Charge
a) For
charges filed on or after September 8, 2017, pursuant to Section 7A-102(B) of
the Act, the Department may require respondent to file a response to the
allegations in the charge. Respondent shall file a response to the charge
within 60 days after service of the Department's request. If the Department
does not require a response, Respondent may still choose to file a response to
the charge within 60 days after service of the charge. Respondent shall serve
a copy of the response to the charge on complainant or complainant's
representative and shall show proof to the Department that the copy was served
on complainant or complainant's representative.
b) For
charges filed on or after September 8, 2017, pursuant to Section 7B-102(B) of
the Act, the Department may require respondent to file a response to the
allegations in the charge. Respondent shall file a response to the charge
within 30 days after service of the Department's request. If the Department
does not require a response, respondent may still choose to file a response to
the charge within 30 days after service of the charge. Respondent shall serve
a copy of the response to the charge on complainant or complainant's
representative and shall show proof to the Department that the copy was served
on complainant or complainant's representative.
c) Reasons
for the Department to request that respondent file a response to the charge may
include, but are not limited to:
1) Circumstances
of the allegations in the pending charge; or
2) Multiple
charges have been filed or are pending against respondent; or
3) Complainant
filing a substantive amendment to the charge or a new charge that includes new
allegations; or
4) Conflicting
or insufficient evidence regarding the legal name or identity of respondent; or
5) Respondent's
failure to cooperate during the investigation of the pending charge; or
6) The
charge was initiated by the Director.
d) For
charges filed on or after September 8, 2017, pursuant to Sections 7A-102(B) and
7B-102(B) of the Act, good cause for untimely filing a response required by the
Department may include, but shall not be limited to:
1) Death
or sudden, serious illness of respondent or respondent's representative; or
2) Death
or sudden, serious illness of an immediate family member of respondent or
respondent's representative; or
3) Respondent
filed and served a timely response, but the Department later determined that
respondent's response was defective; or
4) Respondent
acted with due diligence and was not deliberate or contumacious and did not
unwarrantedly disregard the response process, as supported by affidavit or
other evidence; or
5) Respondent's
failure to timely file a response was due to circumstances beyond respondent's
control, as supported by affidavit or other evidence.
e) Whether
to request a response and whether good cause exists are in the sole discretion
of the Department.
f) When
respondent is responding to a notice to show cause for failing to timely file
the response to a charge required by the Department and/or when respondent is
responding to a notice to show cause for failing to timely serve a copy of the
response to charge on complainant or complainant's representative, respondent
shall include the response to the charge with the response to the notice to
show cause and show proof that respondent has served the response on
complainant or complainant's representative.
(Source: Added at 42 Ill. Reg. 17235,
effective September 17, 2018)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.410 DOCKETING AND SERVICE OF CHARGE (REPEALED)
Section 2520.410 Docketing
and Service of Charge (Repealed)
(Source: Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.415 MEDIATION
Section 2520.415 Mediation
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.
(Source: Added
at 38 Ill. Reg. 9481, effective April 21, 2014)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.420 MAINTENANCE OF RECORDS (REPEALED)
Section 2520.420 Maintenance
of Records (Repealed)
(Source: Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.430 INVESTIGATION
Section 2520.430
Investigation
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).
(Source: Amended at 31 Ill.
Reg. 14815, effective October 19, 2007)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.440 FACT-FINDING CONFERENCE
Section 2520.440
Fact-Finding Conference
a) Notice. As part of its investigation, the Department may
convene a fact-finding conference for the purpose of obtaining evidence,
identifying the issues in dispute, ascertaining the positions of the parties
and exploring the possibility of a negotiated settlement. Notice of the
conference shall be given to all parties at least ten days prior thereto, and
shall identify the individuals requested to attend on behalf of each party.
These time provisions may be waived by agreement of the parties and the Department.
b) Attorneys, Witnesses. A party may be accompanied at a
fact-finding 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 may
bring witnesses to the conference in addition to those whose attendance is
mandated by the Department.
c) Conduct. The investigator or other employee of the Department
shall conduct the conference and control the proceedings. No tape recording,
stenographic report or other verbatim record of the conference can be made. The
investigator shall decide which witnesses shall be heard and the order in which
they are heard. The investigator may exclude witnesses and other persons from
the conference, except that each party and one representative and a translator
shall be permitted to remain.
d) Dismissal or Default for Non-attendance.
1) For charges filed before January 1, 1996, the failure of a
party to attend the conference without good cause after due notice may result
in dismissal of the charge pursuant to Section 2520.560 of this Part, in the
case of a complainant, or default pursuant to Section 2520.570 of this Part, in
the case of a respondent. For charges filed on or after January 1, 1996, the
failure of a party to attend the conference without good cause after due notice
shall result in dismissal of the charge pursuant to Section 2520.560 of this
Part, in the case of a complainant, or default pursuant to Section 2520.570 of
this Part, in the case of a respondent.
2) A party who appears at the conference exclusively through an
attorney or other representative unfamiliar with the events at issue shall be
deemed to have failed to attend, unless, with respect to a respondent, it
establishes that it does not employ or control any person with knowledge of the
events at issue.
3) Failure to Appear
A) Pursuant to this Section and Section 7A-102(C)(4) of the Act,
good cause for failing to attend the fact-finding conference may include, but
shall not be limited to:
i) death or sudden, serious illness of a party scheduled to
attend the fact finding conference; or
ii) death or sudden, serious illness of an immediate family
member of a party scheduled to attend the fact finding conference; or
iii) the
party acted with due diligence and was not deliberate or contumacious and did
not unwarrantedly disregard the fact-finding conference process, as supported
by affidavit or other evidence; or
iv) circumstances
beyond the non-attending party's control, as supported by affidavit or other
evidence.
B) If more than one person from a party is scheduled to attend the
fact-finding conference, the inability of one person to attend shall not
constitute good cause for failure of other persons to attend.
4) In assessing good cause, the factors which the Department may
consider shall include, but shall not be limited to, whether the party has
provided timely notice of its inability to attend the fact-finding conference
and whether the party has complied with the Department's request for
documentation of the reason for not attending the conference.
5) Whether good cause exists and whether a fact-finding
conference is rescheduled are in the sole discretion of the Department.
(Source: Amended at 30 Ill.
Reg. 18715, effective November 20, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.450 ADMINISTRATIVE CLOSURE (REPEALED)
Section 2520.450
Administrative Closure (Repealed)
(Source: Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.460 DETERMINATION AFTER INVESTIGATION (REPEALED)
Section 2520.460
Determination After Investigation (Repealed)
(Source: Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.470 CONCILIATION (REPEALED)
Section 2520.470
Conciliation (Repealed)
(Source: Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.480 COMPLAINT (REPEALED)
Section 2520.480 Complaint
(Repealed)
(Source: Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.490 EEOC DUAL FILED CHARGES
Section 2520.490 EEOC Dual Filed Charges
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.
b) The
Department will investigate a charge filed with the EEOC and dual filed with
the Department pursuant to Section 7A-102(A) and (B) through (G) of the Act if:
1) The
EEOC dismisses the charge or a portion of the charge of discrimination because,
under federal law, the EEOC lacks jurisdiction over the charge and the
Department has jurisdiction over the charge; or
2) The
EEOC defers the case to the Department for investigation pursuant to the
Department's work sharing agreement with the EEOC.
c) After
receiving notice from the EEOC that a charge has been filed pursuant to Section
7A-102(A-1) of the Act, the Department will notify the parties that:
1) A
charge has been received by the EEOC and has been sent to the Department for
dual filing purposes;
2) The
EEOC is the governmental agency responsible for investigating the charge and
the investigation shall be conducted pursuant to the rules and procedures
adopted by the EEOC;
3) The
Department will take no action on the charge until the EEOC issues its final
determination;
4) The complainant
must submit a copy of the EEOC's final determination within 30 days after
service of the final determination by the EEOC on the complainant in order to
preserve the complainant's rights under the Act; and
5) The
time period to investigate the charge contained in Section 7A-102(G) is tolled
from the date on which the charge is filed with the EEOC until the EEOC issues
its final determination.
d) If
the complainant fails to submit a copy of the EEOC's final determination to the
Department within 30 days after receipt of the EEOC's final determination, the
Department may dismiss the charge for lack of jurisdiction. The complainant
may request to have the Illinois Human Rights Commission review the Department's
determination that it lacks jurisdiction over the charge by filing a Request
for Review with the Illinois Human Rights Commission within 90 days after
receipt of the Department's Notice of Dismissal in accordance with Section
8-103 of the Act.
e) If
the Department does not receive notification from the EEOC that a charge has
been filed until after the EEOC has already issued its final determination, the
complainant shall have 30 days from receipt of the Department's notice to
submit a copy of the EEOC's final determination to the Department.
f) If the
EEOC finds reasonable cause for a violation, the EEOC's final determination is
the issuance of a Notice of Right to Sue after conciliation has failed. The
EEOC's finding of cause is not a final determination and the Department will
not take any action until the EEOC's conciliation process is complete, which
occurs when the EEOC either files its complaint or when it issues to the complainant
a Notice of Right to Sue after conciliation has failed. The complainant has 30
days from receipt to submit a copy of the EEOC's Notice of Right to Sue to the
Department.
g) If the
complainant first files a charge with the EEOC and then files a charge
containing the same or similar allegations with the Department, the Department
may administratively close the charge filed with the Department as a duplicate
charge. The Department shall process the EEOC-filed charge pursuant to Section
7A-102(A-1) of the Act.
h) If the
complainant first files a charge with the Department and then files a charge
containing the same or similar allegations with the EEOC, and the EEOC charge
is dual filed with the Department pursuant to Section 7A-102(A-1) of the Act,
the Department may administratively close the dual filed charge with the EEOC
as a duplicate charge. The Department shall process the Department charge pursuant
to Section 7A-102(B) through (G).
i) If the
complainant timely notifies the Department of the EEOC's determination and
concurrently requests that the Department review the EEOC's determination, the
Department will serve a copy of the charge on the respondent and review the
EEOC's determination pursuant to Section 7A-102(A-1)(3)(b) without further
notice to the parties.
j) If
the complainant timely notifies the Department of the EEOC determination that
it is unable to establish that unlawful discrimination has occured and
concurrently submits a written request for the Department to adopt the EEOC's
determination, the Department may adopt the EEOC's determination as a dismissal
for lack of substantial evidence pursuant to Section 7A-102(A-1)(3)(a) of the
Act without further notice to the parties.
k) The
Department will adopt the EEOC's determination after the complainant has
requested the Department review the EEOC's determination if the complainant
notifies the Department in writing, and within a reasonable period of time
after requesting the Department to review the EEOC determination, that the complainant
desires to withdraw the previous request and have the Department adopt the EEOC's
finding.
l) As
part of any further investigation pursuant to Section 7A-102(A-1)(3)(b) of the
Act, the Department will not require:
1) The respondent
to file a verified response to Complainant's charge pursuant to Section
7A-102(B) of the Act or Section 2520.405 of this Part; or
2) The
parties to attend a fact finding conference pursuant to Section 7A-102(C)(4) of
the Act or Section 2520.440 of this Part.
m) The
365-day time period to investigate the charge pursuant to Section 7A-102(G) of
the Act shall be tolled from the date the charge is filed with the EEOC until
the date the EEOC issues its final determination. The Department will
consider the EEOC final determination issued on the date set forth in the EEOC's
final determination.
n) Complainants
may withdraw the charge with the Department prior to the EEOC issuing a final
determination by submitting a withdrawal form identifying the parties' names
and the Department's control number. Upon receiving a properly submitted
withdrawal form, the Department shall administratively close the charge
pursuant to Section 2520.550.
(Source: Added at 38 Ill. Reg. 9481,
effective April 21, 2014)
SUBPART D: SETTLEMENTS
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.510 SETTLEMENT
Section 2520.510 Settlement
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.
(Source: Amended at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.520 NON-DISCLOSURE (REPEALED)
Section 2520.520
Non-Disclosure (Repealed)
(Source: Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.530 DISMISSAL FOR REFUSAL TO ACCEPT SETTLEMENT OFFER (REPEALED)
Section 2520.530 Dismissal
for Refusal to Accept Settlement Offer (Repealed)
(Source: Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.540 NON-COMPLIANCE WITH SETTLEMENT TERMS (REPEALED)
Section 2520.540
Non-Compliance with Settlement Terms (Repealed)
(Source: Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)
SUBPART E: ADMINISTRATIVE CLOSURE, DISMISSAL AND DEFAULT
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.550 ADMINISTRATIVE CLOSURE
Section 2520.550
Administrative Closure
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.
(Source: Amended at 44 Ill.
Reg. 19864, effective December 14, 2020)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.560 DISMISSAL
Section 2520.560 Dismissal
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).
(Source: Amended at 44 Ill.
Reg. 19864, effective December 14, 2020)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.570 DEFAULT
Section 2520.570 Default
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.
(Source: Amended at 36 Ill.
Reg. 8699, effective June 1, 2012)
SUBPART F: REQUESTS FOR REVIEW
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.573 FILING WITH CHIEF LEGAL COUNSEL
Section 2520.573 Filing with
Chief Legal Counsel
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.
b) A Respondent may request review by the Chief Legal Counsel of a
decision by the Director to issue a notice of default.
c) Any request for review must be filed with the Chief Legal
Counsel at the Department's Chicago office within 30 days after receipt of the
Department's notice of the decision. The Department's Electronic Filing
Project (see Section 2520.40(b)) shall not apply to this Section.
d) Neither the parties nor the Department may communicate directly
or indirectly with the Chief Legal Counsel or staff attorney assigned to a
request for review in connection with any issue, except in writing with copies
to all parties and the Department.
e) If resources permit, the Chief Legal Counsel shall not assign a
request for review to the staff attorney who has conducted the substantial
evidence review. The Chief Legal Counsel shall have sole discretion over
assignment of requests for review.
f) Proceedings on requests for review shall toll the time
limitation established in Section 7A-102(G)(1) or Section 7B-102(G) of the Act
from the date on which the Director's notice of dismissal or default is issued
to the date on which the order of the Chief Legal Counsel of the Department is
entered.
(Source: Amended at 41 Ill.
Reg. 11560, effective August 29, 2017)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.575 CONTENTS OF REQUEST FOR REVIEW (REPEALED)
Section 2520.575 Contents of
Request for Review (Repealed)
(Source: Repealed at 42 Ill.
Reg. 17235, effective September 17, 2018)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.577 NOTICE BY THE CHIEF LEGAL COUNSEL (REPEALED)
Section 2520.577 Notice by
the Chief Legal Counsel (Repealed)
(Source: Repealed at 42 Ill. Reg. 17235, effective September 17, 2018)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.580 EXTENSIONS OF TIME (REPEALED)
Section 2520.580 Extensions
of Time (Repealed)
(Source: Repealed at 42 Ill.
Reg. 17235, effective September 17, 2018)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.583 REPLY TO REQUEST FOR REVIEW AND SURREPLY (REPEALED)
Section 2520.583 Reply to
Request for Review and Surreply (Repealed)
(Source: Repealed at 42 Ill.
Reg. 17235, effective September 17, 2018)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.585 ADDITIONAL INVESTIGATION
Section 2520.585 Additional
Investigation
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.
b) If the additional investigation affects the findings of the
Chief Legal Counsel, the pertinent parts of the investigation shall be included
in the order entered pursuant to Section 2520.587 of this Part.
c) Before assigning a request for review to a staff attorney for
additional investigation or any other work, the Chief Legal Counsel will
consider whether the staff attorney has conducted a substantial evidence review
of that charge.
(Source: Amended at 26 Ill.
Reg. 17217, effective November 18, 2002)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.587 DECISION
Section 2520.587 Decision
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.
(Source: Amended at 32 Ill.
Reg. 13482, effective August 1, 2008)
SUBPART G: RELATIONS WITH LOCAL HUMAN RIGHTS AGENCIES
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.610 SCOPE AND PURPOSE (REPEALED)
Section 2520.610 Scope and
Purpose (Repealed)
(Source: Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.620 DEFINITIONS (REPEALED)
Section 2520.620 Definitions
(Repealed)
(Source: Repealed at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.630 COOPERATIVE AGREEMENTS
Section 2520.630 Cooperative
Agreements
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.
2) The application shall also be supported by evidence that it is
approved by the governing authorities of the political subdivision(s) of which
the local agency is a part.
b) Review by Department – The Department shall examine the local
agency's application and supporting materials, and may request further
information bearing upon the agency's authority, organization, and operational
capacity. Representatives of the Department may visit the locality to gather
further information and/or discuss the application in greater detail.
c) Approval by Director – After the Department has reviewed the
local agency's application and gathered any further information pertinent to
its inquiry, the Director shall determine whether a cooperative agreement is
feasible and in the best interests of the Department and the public. The
Director shall advise the local agency in writing as to that determination and,
if it is in the affirmative, shall forward to the agency a proposed cooperative
agreement. In making this determination, the Director will consider, without
limitation, such factors as the extent of the local agency's lawful authority;
its experience and administrative capabilities; the number and types of charges
filed in its area; and the competing demands upon the Department's available
resources.
d) Execution of Agreement – After the Department and a local
agency have agreed upon the terms of a cooperative agreement, the terms shall
be reduced to writing and executed by the Director and by the chair and/or
chief executive officer of the local agency. The agreement may also be
executed by an appropriate official on behalf of the governing authority of the
municipality or political subdivision(s) of which the local agency is a part.
The agreement shall take effect upon a date specified in the agreement.
e) Term of Agreement – A cooperative agreement duly executed by
and between the Department and a local agency shall remain in effect for a term
specified in the agreement itself, but may be terminated by either party
without penalty at any time upon written notice to the other.
(Source: Amended at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.640 NATURE OF COOPERATIVE AGREEMENTS
Section 2520.640 Nature of
Cooperative Agreements
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.
(Source: Amended at 33 Ill.
Reg. 11311, effective July 20, 2009)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.650 TRAINING AND TECHNICAL ASSISTANCE
Section 2520.650 Training
and Technical Assistance
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.
(Source: Amended at 18 Ill. Reg. 16829, effective November 4, 1994)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.660 PROMOTION OF COMMUNICATION AND GOODWILL
Section 2520.660 Promotion
of Communication and Goodwill
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.
(Source: Added at 6 Ill. Reg. 2125, effective February 8, 1982)
SUBPART H: EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION BY STATE EXECUTIVE AGENCIES
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.700 DEFINITIONS
Section 2520.700 Definitions
For purposes of this Subpart,
the following terms shall have the meanings indicated:
Affirmative Action Group – any of the groups listed in Section
2520.720 or 2520.730.
Agency – any instrumentality or facility of the executive
branch of State government, as specified in Section 2520.710.
Central Management Services or CMS – the Department of
Central Management Services or any successor agency responsible for its
functions.
Chief Executive Officer – the director or other chief
executive or administrator of any agency other than the Department.
Disability – as used in Section 2-105(B) of the Act and this
Subpart, long-lasting impairment of physical, mental, hearing, cognition,
ambulation, self care, independent living or other functions.
EEO – Equal Employment Opportunity.
EEO/AA – Equal Employment Opportunity/Affirmative Action.
EEO Job Categories – the following 8 categories:
officials/managers; professionals; paraprofessionals; technicians;
office/clerical workers; protective services workers; skilled craft workers;
and service/maintenance workers.
EEO Officer – the Equal Employment Opportunity Officer,
whether full or part-time, appointed by a State agency pursuant to Section
2-105(B)(4) of the Act and Section 2520.780 of this Part.
Layoff – the placement of an employee in non-paid and
non-working status without prejudice, either temporarily or for an
indeterminate length of time. Layoff does not include, either temporarily or
indeterminately, a means or form of discipline.
Minority – those groups, or members of a group, listed in
Section 2520.720 or 2520.730, other than women and disabled persons.
Numerical Goals – the number of members of an affirmative
action group that have been determined to be available to an agency for
employment in each of the EEO job categories.
Petitioning Group – a chartered not-for-profit organization
that is recognized by the community it purports to represent that has as its
purpose fostering the interests and well being of that community.
Plan – an affirmative action plan for employment as described
in Section 2520.760.
Program Goals – a set of actions established to address affirmative
action or EEO problems cited in the agency's plan.
Promotable – agency
employees who, within the fiscal year, under standard employment practices, are
able to move from one of the EEO job categories to another.
Reasonable Accommodation – as it relates to disabled
employees and applicants, modification of the work site, work process and/or
work schedule to enable a disabled person to perform the major functions of a
specific job; however, such an accommodation cannot impose an undue hardship on
the conduct of the business of the employer or labor organization.
Region – a group of adjacent counties. There are 11 regions
within Illinois, which will be reduced to 10 regions as identified in Appendix
D, effective July 1, 2015.
Trainable – agency employees who,
within the fiscal year, are eligible for participation in established training
programs that, when completed, would allow them to move from one of the EEO job
categories to another.
Transferable – agency employees
eligible for transfer within the fiscal year from one region to another.
Underutilized Category – a category in which the number of
employed members of an affirmative action group for which numerical goals have
been set does not reflect the availability of that group in the agency
workforce in that EEO job category.
(Source: Amended at 38 Ill.
Reg. 9481, effective April 21, 2014)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.710 SCOPE AND PURPOSE
Section 2520.710 Scope and
Purpose
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.
(Source: Amended at 38 Ill.
Reg. 9481, effective April 21, 2014)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.720 AFFIRMATIVE ACTION GROUPS
Section 2520.720 Affirmative
Action Groups
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 and
disability, 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.
(Source: Amended at 38 Ill.
Reg. 9481, effective April 21, 2014)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.730 CONSIDERATION OF ADDITIONAL GROUPS
Section 2520.730
Consideration of Additional Groups
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.
b) Consideration Process – If the Director determines that the
criteria in subsection (a) have been met and that a petitioning group has submitted
a petition as specified in 2 Ill. Adm. Code 925.110 of the Department's Rules:
1) A Notice of Proposed Rulemaking will be published by the
Department in the Illinois Register, and the Department will commence
rulemaking within 90 days after submission of a petition.
2) The Department shall convene a hearing, if required, in
accordance with Section 5-40(b)(5) of the Illinois Administrative Procedure Act
[5 ILCS 100/5-40(b)(5)].
3) If the rulemaking results in the addition of an affirmative action
group, each agency shall develop numerical and program goals for that group.
(Source: Amended at 38 Ill.
Reg. 9481, effective April 21, 2014)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.740 DEFINITIONS (RENUMBERED)
Section 2520.740 Definitions
(Renumbered)
(Source:
Section 2520.740 renumbered to 2520.700 at 17 Ill. Reg. 15556, effective
September 13, 1993)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.750 NONDISCRIMINATION (REPEALED)
Section 2520.750
Nondiscrimination (Repealed)
(Source: Repealed at 17 Ill. Reg. 15556, effective September 13, 1993)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.760 PLANS
Section 2520.760 Plans
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.
(Source: Amended at 36 Ill.
Reg. 8699, effective June 1, 2012)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.770 REPORTING AND RECORD-KEEPING
Section 2520.770 Reporting
and Record-Keeping
a) Workforce Analysis – As required by Section 2-105(B) of the
Act, each agency shall maintain data reflecting the composition of its
workforce in each region, by race, national origin as specified by the
Department, sex and disability, EEO job categories, and any other category that
the Department may require by rule. This information shall be collected from
the agency's employees through the use of a form, developed by Central
Management Services and approved by the Director, which shall be completed by
each employee and applicant for employment at his/her option. Central
Management Services shall compile this data and furnish quarterly reports to
each agency and the Department depicting the workforce composition of each
agency under the Personnel Code [20 ILCS 415]. Other agencies, and agencies
under the Code having non-Code employees, shall compile this data themselves
and provide it to the Department.
b) Position Vacancies – Each agency shall maintain a centralized
record detailing all its current and anticipated job openings, and indicating
for each opening the job title, EEO job category, pay grade or merit
compensation level, and region. This information shall be supplied to the
agency's EEO Officer and to the Department upon request. Every agency shall
also post conspicuously in its offices all vacancies in nonexempt positions that
the agency intends to fill, if the vacant position is underutilized. The
posting shall also state that the agency is an Equal Opportunity Employer.
c) Quarterly Reports – No later than 15 working days after the
end of each fiscal quarter, every agency shall file a report with the
Department. If an agency submits a written request for an extension within 15
working days after the end of the fiscal quarter, the Director may grant an
extension of up to 15 days. The report, forwarded with a cover letter signed
by the EEO Officer and Chief Executive Officer, shall contain:
1) A current workforce analysis of each of the agency's
departments or divisions by EEO job category and affirmative action groups of
the incumbents.
2) A breakdown of all employment transactions for the previous
quarter by EEO job category and the affirmative action groups of the employees
affected.
3) A statement on the agency's progress in meeting its numerical
and/or program goals. If a numerical or program goal is not attained, the
agency should provide an explanation for the failure to meet the goal.
4) A narrative describing all charges and complaints of
employment discrimination filed or pending against the agency during the
previous quarter. The narrative should identify the region out of which the
charge or complaint was filed; the organization with whom it was filed; and the
current status of the matter, including whether pending, withdrawn, settled or
dismissed.
5) A quarterly report describing hires of employees with
disabilities and any known changes in employees' disability status.
d) Federal Compliance Reports – Any agency that is the subject of
an EEO compliance review by the federal government shall forward to the
Department a copy of any and all reports within 5 working days after the
agency's receipt of the report.
e) Orders and Settlements – Any agency that is a party to any
proceedings, whether judicial or administrative, and whether federal or State,
involving allegations of employment discrimination shall forward to the
Department a copy of any order, decree, settlement agreement or award that
decides or disposes of the proceedings within 15 days after the entry of the
order, decree, settlement agreement or award.
f) Layoff Reports – Each agency shall prepare a layoff report
outlining any intended layoff of incumbent employees, in accordance with the
procedures established in Appendix C. The report shall be submitted to the
agency's EEO Officer and the Department not less than 30 days prior to the
expected date of the layoff, unless emergency conditions necessitate a delay of
the report; however, the emergency conditions must be documented in the
report. The report shall identify, by region, job title and affirmative action
group, the employees to be affected by the layoff. The agency's EEO Officer
shall review the report to determine if the layoff will have an adverse impact
upon minorities, women or disabled persons. The EEO Officer shall submit a
written adverse impact report to the Chief Executive Officer and to the
Director of his/her findings and, if adverse impact is found, suggested
alternatives to lessen or eliminate the impact. The Director of Central
Management Services will not approve a layoff until the Director has indicated
that the adverse impact report is correct.
g) Reorganization Reports – Any proposed workforce reorganization
that significantly changes lines of authority, wages or job duties and
descriptions on an agency-wide basis, or throughout any bureau, division or
unit of the agency, must be described in a reorganization report and submitted
to the agency's EEO Officer at least 30 days prior to implementation. The
agency's EEO Officer shall review the report to determine whether it will have
an adverse impact upon minorities, women or disabled persons, and shall submit
an adverse impact report, within 15 days after receipt of the reorganization
report, to the agency's Chief Executive Officer and the Department. If the EEO
Officer determines that an adverse impact is apparent, he/she shall include in
the adverse impact report recommendations to lessen the impact.
h) Hiring and Promotion Monitors – The Hiring Monitor (DHR-19)
and the Promotion Monitor (DHR-20) established by the Department shall be completed
by each agency and submitted as required to Central Management Services on all
hires and promotions for all full-time permanent and part-time permanent
employees, including trainees, provisional employees, and semi-automatic
promotions pursuant to a collective bargaining agreement. On the applicable
Monitor, the agency shall indicate the EEO job category and classifications of
the position and whether it is an underutilized category. The Monitor shall
also indicate the race, sex, whether disabled, and national origin of all
persons considered for the position and of the candidate, and whether the candidate
meets the affirmative action requirements for that category. If the candidate
does not meet the affirmative action requirements for that category, a detailed
explanation indicating the reasons for the selection must be completed by the selecting
officer and attached to the Monitor. The agency EEO Officer, or designee, shall
have access to the eligibility list and other pertinent documents, including,
but not limited to, Rutan documentation. The EEO Officer or designee shall
review and sign the Monitor, indicating concurrence or non-concurrence in the
transaction. The EEO Officer or designee shall fully explain on the Monitor
his/her reason for any non-concurrence. In all transactions, the agency Chief
Executive Officer or designee shall sign and date the Monitor, indicating
approval. Central Management Services shall not complete any hire or promotion
transaction if the Monitor is not attached to the transaction, is not signed
and dated by the EEO Officer or designee, is not approved and signed by the
agency's Chief Executive Officer or designee, and is not signed and dated prior
to the effective date of the candidate's hire or promotion.
i) Exit Questionnaire – Each agency shall provide an exit
questionnaire to employees at the time of their separation from employment,
whether voluntary or involuntary. The questionnaire shall identify the
employee by name and affirmative action group, job title and region, date of
separation, and reasons for separation, and shall include space for the
employee's comments. Completion of the questionnaire shall be at the employee's
option. Completed questionnaires shall be forwarded immediately to the agency's
EEO Officer.
(Source: Amended at 36 Ill.
Reg. 8699, effective June 1, 2012)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.780 EQUAL EMPLOYMENT OPPORTUNITY OFFICERS
Section 2520.780 Equal
Employment Opportunity Officers
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.
b) Agencies with Fewer Than 1,000 Employees – Every agency
employing fewer than 1,000 individuals shall designate an EEO Officer who may
serve as a full-time EEO Officer or be responsible for other duties within the
agency beyond those of EEO Officer. When a vacancy occurs in such position,
the Chief Executive Officer shall immediately so notify the Director, and
identify the employee who shall assume the duties of EEO Officer on an interim
or permanent basis.
c) Responsibilities of EEO Officers – EEO Officers shall have the
following responsibilities, in addition to those enumerated in the Act or
elsewhere in this Subpart:
1) to develop the agency's plan and goals and objectives;
2) to assist in identifying and solving EEO problems;
3) to design and implement internal audits and reporting systems
for measuring the effectiveness of agency programs, indicating need for
remedial action, and determining the degree to which the agency's goals and
objectives have been attained;
4) to serve as liaison between the agency and EEO enforcement
authorities;
5) to serve as liaison between the agency and minority, women's
and disability organizations;
6) to inform management of developments in the EEO field;
7) to regularly confer with managers, supervisors and employees
to assure that the agency's EEO policies are observed;
8) to assist in the evaluation of employees and job applicants so
that minorities, women and disabled persons are given equal opportunity;
9) to advise managers and supervisors if employment practices
comply with the Act;
10) to describe in the quarterly report to the Department all
internal and external complaints of discrimination against the agency;
11) to assist in the investigation of internal and external
complaints of discrimination as specified in Section 2520.790 of this Part;
12) at the request of the agency's Chief Executive Officer, to
direct agency staff in taking appropriate action to correct for discriminatory
practices identified by the Department, and to report to the Chief Executive
Officer and the Department on the progress of actions taken;
13) in conjunction with the filing of Quarterly Reports, to
submit recommendations to the Chief Executive Officer and the Department for
improvements to the agency's plan;
14) to immediately notify the Chief Executive Officer and the
Department when unable to resolve employment practices or conditions which have
or tend to have adverse impact on minorities, women or the disabled persons;
15) if the agency is in noncompliance, as described in Section
2520.795, to work with Central Management Services to develop programs to train
staff in hiring and promotional practices, and to notify the Department of such
training.
d) Protection – An EEO Officer who performs his/her duties as
prescribed in the Act and this Part shall not be coerced, intimidated or
retaliated against by the agency or any official, employee or agent thereof as
a result of such performance. An EEO Officer who believes that he/she has been
or is being so coerced, intimidated or retaliated against, or in any other way
impeded from the performance of official duties, may immediately file a charge
with the Department. Nothing provided herein shall preclude an agency from
disciplining an EEO Officer for just cause.
(Source: Amended at 17 Ill. Reg. 15556, effective September 13, 1993)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.790 COMPLAINT PROCESS
Section 2520.790 Complaint
Process
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.
(Source: Amended at 17 Ill. Reg. 15556, effective September 13, 1993)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.795 EEO/AA PERFORMANCE REVIEWS
Section 2520.795 EEO/AA
Performance Reviews
The Department shall conduct
periodic performance reviews of all agencies. On a quarterly basis, the EEO/AA
reports submitted by agencies will be reviewed and the results of the review
shall be shared with the agency in question, indicating whether corrective
action is needed. On an annual basis, the Department shall determine whether
each agency is in compliance with the EEO and affirmative action obligations of
the Act and this Subpart. In the course of such a review, the Department may
request documentation and reports reflecting the agency's employment practices
and profile and may visit the agency's worksites and interview employees.
a) EEO/AA Criteria – The Department shall judge the agency's
concerted effort and progress to provide equal employment opportunity and
affirmative action for minorities, women and disabled persons, using the
following criteria:
1) existence of an approved plan;
2) demonstration of the implementation of the agency's goals
within the timeframe cited in the agency's plan. In order to be found in
compliance with numerical goals, the agency must show that its percentage of hires
and promotions for minorities and females in underutilized categories equals or
exceeds 80% of the labor market availability rate of minorities and females in
question based on Illinois Department of Employment Security Workforce Availability
Information at http://www.ides.illinois.
gov/page.aspx?item=2854
or that the agency has made a
concerted effort to reach those goals. In determining whether an agency
made a concerted effort, the Department will evaluate the agency's overall
actions taken over the course of the fiscal year to reduce its underutilization
when there have been opportunities to hire and/or promote in underutilized
categories. When agency underutilization occurs in a geographic region with
labor market availability rates less than 2 percent for a specific affirmative
action group, the Department will consider the availability of this group in
evaluating an agency's performance.
Compliance with program goals will be determined by an agency's documentation
that those goals have either been achieved or a demonstration of a concerted
effort to achieve those goals;
3) demonstration that the agency's EEO/AA policy has been
disseminated throughout the agency;
4) documentation of the inclusion of EEO/AA principles and
procedures in appropriate in-service training programs;
5) documentation of the inclusion of the agency's EEO Officer in
the investigation and disposition of all internal and external discrimination
grievances and complaints;
6) maintenance and timely submission of appropriate employment
data and reports as required in this Subpart and by federal authorities;
7) in an agency with 1,000 or more employees, documentation of
the appointment, with the Director's approval, of an EEO Officer;
8) in an agency with fewer than 1,000 employees, documentation of
the designation of an EEO Officer who may serve as a full-time EEO Officer or
be responsible for other duties within the agency beyond those of an EEO
Officer; and
9) documentation that the agency's EEO Officer has performed the
duties and responsibilities outlined in the Act and this Subpart.
b) EEO/AA Profile – The Department shall complete an annual
EEO/AA profile summarizing the agency's satisfaction of the various EEO/AA
criteria outlined in subsection (a). The profile shall be sent to the agency's
Chief Executive Officer and the EEO/AA officer with a letter of findings signed
by the Director, and shall find the agency in:
1) Compliance: all EEO/AA criteria set forth in subsection (a) have
been met by the agency; or
2) Non-compliance: EEO/AA criteria as set forth in subsection (a)
have not been met.
c) Compliance Process
1) If
the Department finds the agency is in compliance, the Director shall send a
letter of findings of compliance to the agency and attach the EEO/AA profile. The
agency will not be required to take any further action.
2) If
the Department finds that an agency is in non-compliance in regards to
subsection (a)(2) for the first year, in accordance with Section 7-105(H) of
the Act, the Department will send a letter of findings of non-compliance to the
agency and attach the EEO/AA profile. The Director will notify the agency and the
Department of Central Management Services (CMS) that the agency must establish
necessary training programs for preparation and promotion of the category of
individuals affected by the failure, in cooperation with CMS.
3) If
the Department finds that an agency is in non-compliance in regards to
subsection (a)(2) for the second consecutive year, in accordance with Section
7-105(H) of the Act, the Department will send a letter of findings of
non-compliance to the agency and attach the EEO/AA profile. The Director will
notify the agency and CMS that the agency must continue necessary training
programs for preparation and promotion of the category of individuals affected
by the failure, in cooperation with CMS.
4) If
the Department finds that an agency is in non-compliance in regards to
subsection (a)(2) for the third consecutive year, in accordance with Section
7-105(H) of the Act, the Department will inform the agency that it must
continue training. Further, the Director may request that the Chief Executive
Officer of the agency in question meet with him/her to discuss the agency's
EEO/AA performance. In addition, the Department shall direct that the agency
furnish to the Department a monthly report due on the fifth working day of each
month that must be signed by the Chief Executive Officer and EEO Officer.
A) The
monthly report shall list each employment transaction for the month by job
title, EEO job category, pay grade or merit compensation level, geographic
region and affirmative action group of the employee affected. The report shall
also indicate the number of people in each affirmative action group who applied
and who were selected for each transaction.
B) After
an agency has completed training for failure to meet numerical and program
goals, the agency shall describe in its monthly reports the training instituted
and indicate the numbers of each affirmative action group participating in the
training.
5) If
the Department finds an agency in non-compliance with subsection (a)(2) for the
third consecutive year, sanctions for non-compliance provided in Section
2520.797 will be invoked.
6) If
the Department finds an agency in non-compliance with any other EEO/AA criteria
other than subsection (a)(2):
A) The
Director shall send a letter of findings of non-compliance to the agency,
attach the EEO/AA profile report, and set forth recommendations for the agency
to achieve compliance. The agency shall submit, within 30 days after receipt
of the letter of findings of non-compliance, a corrective action plan
incorporating the Director's recommendations, as well as other plans the agency
develops to achieve compliance.
B) If the
Department determines the corrective action plan is sufficient to bring the
agency into compliance, the Department will notify the agency that it has 30
days to implement the plan.
C) The
Department will monitor and periodically evaluate the implementation of the
agency's corrective action plan.
D) If the
Department determines that an agency's corrective action plan is not sufficient
to bring the agency into compliance, the Department will notify the agency and
request a plan with alternative measures to be submitted within 30 days after the
agency's receipt of the Department's notice. If the alternative action plan is
sufficient, the Department will proceed pursuant to subsections (b) and (c).
E) If the
agency fails to provide an alternative action plan that is sufficient to bring
the agency into compliance, the Department will invoke the sanctions for
non-compliance provided in Section 2520.797.
(Source: Amended at 38 Ill.
Reg. 9481, effective April 21, 2014)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.797 SANCTIONS FOR NONCOMPLIANCE
Section 2520.797 Sanctions
for Noncompliance
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.
(Source: Amended at 31 Ill.
Reg. 12319, effective August 8, 2007)
SUBPART I: SEXUAL HARASSMENT IN HIGHER EDUCATION POLICIES
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.810 POSTING OF SEXUAL HARASSMENT POLICIES
Section 2520.810 Posting of Sexual Harassment Policies
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.
b) Any
person may notify the Department that an institution of higher education
allegedly has failed to comply with posting requirements of Section 5A-101.1 of
the Act by writing to Director, Department of Human Rights, 100 West Randolph
Street, Suite 10-100, Chicago, Illinois, 60601, along with a description of how
the institution allegedly failed to comply with the Act. The name, address and
telephone number of the person making the allegation must be included. The
written notice must also state that the person making the allegation is
available to testify as a witness to the alleged incident.
(Source: Added at 33 Ill. Reg. 17086,
effective December 4, 2009)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.820 NOTICE TO SHOW CAUSE
Section 2520.820 Notice to Show Cause
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.
(Source: Added at 33 Ill.
Reg. 17086, effective December 4, 2009)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.APPENDIX A CONTENTS OF AFFIRMATIVE ACTION PLANS
Section 2520.APPENDIX A Contents
of Affirmative Action Plans
Part
I
a) A completed Equal Employment Opportunity/Affirmative Action
Certification Form;
b) An agency EEO/AA policy statement signed by the Chief Executive
Officer;
c) An agency profile statement, describing the mission of the
agency and its specific EEO/AA problems and needs;
d) Identification of the agency's primary EEO Officer and his/her
work location and telephone number;
e) An organizational chart depicting the agency personnel at all
levels responsible for implementing and monitoring the agency's affirmative
action plan; and
f) A description of the methods to be used in accomplishing both
internal and external dissemination of the agency's affirmative action policy
and plan.
Part II
a) Workforce Transactions Report: an assessment of the agency's
personnel transactions for the previous fiscal year, including, but not limited
to, a breakdown of new hires, promotions, demotions, transfers and separations
by affirmative action groups.
b) Workforce Analysis: an analysis, as of June 30 of
the previous fiscal year, of the distribution of present employees by
affirmative action group among the 8 EEO job categories in the 10 regions.
Part III
a) Availability Analysis
for Women and Minorities:
1) Numerical
goals must be determined when there are 10 or more employees in an EEO job
category within a region where
the labor market availability rate for a specific affirmative action group is
greater than 2 percent. The following factors must be considered in
determining availability for each affirmative action group in each of the EEO
job categories in each region of the State:
A) Those
having requisite skills in the region; and
B) Those
promotable, trainable and transferable, as these terms are defined in Section
2520.700.
2) The availability
of members of each affirmative action group is determined by using the
following methodology:
A) Each
factor is assigned a value weight by the agency on a scale of 0 percent to 100
percent. The value weight indicates the applicability of each factor to the
agency/facility in recruiting employees for that EEO job category. The sum of
all value weights must be 100 percent, representing all persons available to
work in a job category.
B) Each
value weight is multiplied by the percentage of the affirmative action group in
each of the factors. The result is a weighted factor for each of the
categories.
C) The sum
of the weighted factors is the availability percentage or ratio for that
affirmative action group for that category for that region. This availability
percentage or ratio is applied to the total number of positions in the agency's
EEO job category to determine the numerical availability of the affirmative
action group in each EEO job category.
b) Goals
and Timetables: Agencies shall set numerical goals equal to the
underutilization of affirmative action group members resulting from the process
set forth in Part III(a)(2). No such goals shall be set when the labor force
availability of an affirmative action group is less than 2 percent in the DHR
region in which it occurs. Program goals must be developed in conjunction with
the problems identified as the result of the agency's internal and external
workforce analyses. Each numerical or program goal should include a brief
description of the area of concern, objectives that delineate specific
intentions, action items outlining steps to be taken to achieve the objectives,
the individual responsible for carrying out the action item, the target date
for completion, and the procedure for monitoring the progress toward meeting
the goal.
Part IV
Discrimination
Complaint Process: A description of the procedures established by the agency
to address charges of employment discrimination. This Part should include a
statement that employees will be advised of their rights to file charges of
discrimination with the Department, the U.S. Equal Employment Opportunity
Commission, or any other appropriate government agency.
Part V
Affirmative Action for Disabled Persons
a) Methodology for Disabled Persons:
1) Factors:
A numerical goal must be determined on an agency-wide basis, considering the proportion of people with disabilities
in the Illinois labor force, as reflected in the most recent data provided by
the U.S. Census Bureau American Community Survey.
2) Survey:
Employees working after June 1, 2012 shall be surveyed
to determine the State's utilization of people with disabilities, as defined in
Section 2520.700. Subsequently hired employees shall be surveyed at the
time of hire.
3) Availability:
Availability must be determined by using the following
methodology:
A) The
total number of agency employees is multiplied by the percentage of employees with disabilities in the Illinois labor force (as
supplied by the Department);
B) The
agency will enter the number of employees identifying themselves as having
disabilities through the disability survey process;
C) The
number of employees in subsection (a)(3)(B) is subtracted from the result of subsection (a)(3)(A);
D) If the result
of subsection (a)(3)(C) is a positive number, the agency must adopt that number
as its goal for employing persons with disabilities. If the result of subsection
(a)(3)(C) is "0" or a negative number, the agency is considered to be
at parity with the external labor force; and
E) If there
is underutilization, a numerical goal must be developed and should include a
brief description of the area of concern, objectives that delineate specific
intentions, action items outlining steps to be taken to achieve the objectives,
the individual responsible for carrying out the action item, the target date
for completion, and the procedure for monitoring progress toward meeting the
goal.
b) Recruitment Procedures: Identification of sources used to
recruit applicants with disabilities when persons with disabilities are
underutilized.
c) Application Process Procedures
1) A review of employment criteria to assure they have no adverse
impact on disabled persons;
2) Pre-employment inquiries – a statement regarding the
inadmissibility of inquiries regarding an applicant's disability during the
interview process;
3) Employment testing (for agencies conducting their own tests) –
a statement that the tests do not have an adverse impact on disabled applicants
and that reasonable accommodation will be provided in the administration of the
tests, as required;
4) The prohibition of pre-employment medical examinations before
an offer of employment;
5) The prohibition of pre-employment medical examinations after
an offer of employment, unless the examinations are job related and required of
all applicants for that position.
d) Reasonable Accommodation
1) Agency policy committing the agency to providing reasonable
accommodations to disabled employees, signed by the Chief Executive Officer of
the agency.
2) A description of the procedure to determine reasonable
accommodation.
e) Physical Accessibility for Employment:
1) Of personnel offices;
2) Of the worksite;
3) For evacuation of disabled persons in emergency situations.
Part VI
Applicable EEO
Laws: This Part should set forth the relevant text of any federal law that
mandates the agency to adhere to additional EEO/AA requirements.
Part VII
This Part
should have an appendix to the affirmative action plan that contains all
supporting data, including the Hiring and Promotion Monitors and the exit
questionnaire.
(Source: Amended at 39 Ill.
Reg. 5601, effective April 6, 2015)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.APPENDIX B VALUE WEIGHT ASSIGNMENT CHART (REPEALED)
Section 2520.APPENDIX B Value
Weight Assignment Chart (Repealed)
(Source: Repealed at 36 Ill.
Reg. 8699, effective June 1, 2012)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.APPENDIX C CONTENTS OF LAYOFF REPORTS
Section 2520.APPENDIX C Contents of Layoff Reports
a) When
a State agency has at least 30 incumbents in the EEO job category within a
particular region in which a layoff will take place and there are at least 5
members of a specific affirmative action group who are targeted for layoff, the
completed projected layoff report shall contain the following:
1) The
Certification Sheet. The certification sheet confirms the accuracy of the
layoff report. A completed certification sheet must indicate the name of the
agency, agency Chief Executive Officer, agency EEO/AA Officer, and effective
date of the projected layoff. The Chief Executive Officer and EEO/AA Officer
must sign and date the certification sheet. The Department's assigned agency liaison
will sign and date the certification sheet upon receipt.
2) The
Projected Layoff Summary Form. The projected layoff summary form provides
statistical data on the agency layoff by race, sex and disability. A completed
form must indicate the agency name, the analysis date, and the date and source
of workforce data. The form shall include: total employees before layoff and
the total number of projected layoffs, by region; the number of persons laid
off, by race, sex and disability; and, if necessary, adverse impact on any
affirmative action group member.
3) The
Projected Layoff Analysis Form. The projected layoff analysis form is used to
calculate whether adverse impact exists for a specific affirmative action group
subject to the layoff. A form must be completed for each affirmative action
group member affected by the layoff, when necessary. A completed form must
indicate the agency name, region and affirmative action group member. The form
must indicate, by EEO job category, total employees and number of employees projected
to be laid off. A comparison of the layoff rate of the affirmative action
group in question with the layoff rate of the comparison group will indicate
the impact ratio to determine adverse or no adverse impact.
4) The Narrative
A) The
narrative must contain, but is not limited to, the following information:
i) the State
agency's reasons for selecting the targeted positions for layoff;
ii) any
provisions of the Illinois Personnel Code, personnel rules, and/or collective bargaining
agreement governing the layoff;
iii) if
the layoff decisions were made by seniority date, an explanation of any
exceptions and the reasons for the exceptions;
iv) any
alternatives to laying off the affected employees that were available to and
considered by the agency; and
v) a
discussion of any significant impact the layoff would have on a specific
affirmative action group.
B) If the
report is being submitted less than 30 days prior to the effective date of the
layoff, the narrative must set forth the emergency situation necessitating the
layoff.
5) The
agency's layoff plan shall identify, by region, job title, and affirmative
action groups, the employees to be affected by the layoff.
6) A
summary workforce analysis for the region where the layoff will occur.
b) When
there are fewer than 30 incumbents in the EEO job category within a particular
region in which a layoff will take place or there are fewer than 5 members of a
specific affirmative action group who are targeted for layoff, the completed
projected layoff report shall contain the following:
1) The
Certification Sheet. The certification sheet confirms the accuracy of the
layoff report. A completed certification sheet must indicate the name of the
agency, agency Chief Executive Officer, agency EEO/AA Officer, and effective
date of the projected layoff. The Chief Executive Officer and EEO/AA Officer
must sign and date the certification sheet. The Department's assigned agency liaison
will sign and date the certification sheet upon receipt.
2) The
Projected Layoff Summary Form. The projected layoff summary form provides
statistical data of the agency layoff by race, sex and disability. A completed
form must indicate the agency name, the analysis date, and the date and source
of workforce data. The form shall include: total employees before layoff and
the total number of projected layoffs, by region; the number of persons laid
off by race, sex and disability; and, if necessary, adverse impact on any
affirmative action group member.
3) The Narrative
A) The
narrative must contain, but is not limited to, the following information:
i) the State
agency's reasons for selecting the targeted positions for layoff;
ii) any
provisions of the Illinois Personnel Code, personnel rules, and/or collective bargaining
agreement governing the layoff;
iii) if
the layoff decisions were made by seniority date, an explanation of any
exceptions and the reasons they were made;
iv) any
alternatives to laying off the affected employees that were available to and
considered by the agency; and
v) a
discussion of any significant impact the layoff would have on a specific
affirmative action group.
B) If the
report is being submitted less than 30 days prior to the effective date of the
layoff, the narrative must set forth the emergency situation necessitating the
layoff.
4) The
agency's layoff plan shall identify, by region, job title, and affirmative
action groups, the employees to be affected by the layoff.
5) A
summary workforce analysis for the region where the layoff will occur.
(Source: Amended at 36 Ill.
Reg. 8699, effective June 1, 2012)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520
PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.APPENDIX D ILLINOIS COUNTIES BY REGION
Section 2520.APPENDIX D Illinois Counties by Region
These regions
will be effective July 1, 2015.
|
REGION
1
|
REGION
2
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REGION
3
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REGION
4
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Cook
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Boone
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Bureau
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Adams
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Dekalb
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Ogle
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Carroll
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Brown
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DuPage
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Stephenson
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Henry
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Hancock
|
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Grundy
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Winnebago
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Jo
Daviess
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Henderson
|
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Kane
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LaSalle
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Knox
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Kankakee
|
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Lee
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McDonough
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Kendall
|
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Mercer
|
Pike
|
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Lake
|
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Putnam
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Schuyler
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McHenry
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Rock
Island
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Warren
|
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Will
|
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Whiteside
|
|
|
REGION
5
|
REGION
6
|
REGION
7
|
REGION
8
|
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DeWitt
|
Champaign
|
Christian
|
Bond
|
|
Fulton
|
Douglas
|
Cass
|
Calhoun
|
|
Livingston
|
Ford
|
Greene
|
Clinton
|
|
Marshall
|
Iroquois
|
Logan
|
Jersey
|
|
Mason
|
Piatt
|
Macon
|
Madison
|
|
McLean
|
Vermilion
|
Macoupin
|
Monroe
|
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Peoria
|
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Menard
|
Randolph
|
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Stark
|
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Montgomery
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St.
Clair
|
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Tazewell
|
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Morgan
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Washington
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Woodford
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Sangamon
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Scott
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Shelby
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REGION
9
|
REGION
10
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Clark
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Alexander
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Perry
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Clay
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Edwards
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Pope
|
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Coles
|
Franklin
|
Pulaski
|
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Crawford
|
Gallatin
|
Saline
|
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Cumberland
|
Hamilton
|
Union
|
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Edgar
|
Hardin
|
Wabash
|
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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
|
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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
|
|
|
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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
|
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REGION 9
|
REGION 10
|
REGION 11
|
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Bond
|
Clark
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Marion
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Alexander
|
Perry
|
|
Clinton
|
Clay
|
Moultrie
|
Edwards
|
Pope
|
|
Madison
|
Coles
|
Richland
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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
|
(Source: Amended at 39 Ill.
Reg. 5601, effective April 6, 2015)
AUTHORITY: Implementing Articles 1 through 7B of the Illinois Human Rights Act [775 ILCS 5] and the Intergovernmental Cooperation Act [5 ILCS 220], and authorized by Sections 7-101(A) and 7-105(A) of the Illinois Human Rights Act.
SOURCE: Adopted November 20, 1972 by the Fair Employment Practices Commission; transferred to the Department of Human Rights by P.A. 81-1216, effective July 1, 1980; emergency amendments at 4 Ill. Reg. 39, p. 335, effective September 17, 1980, for a maximum of 150 days; amended at 5 Ill. Reg. 1627, effective February 9, 1981; amended at 6 Ill. Reg. 2125, effective February 8, 1982; amended at 6 Ill. Reg. 3076, effective March 15, 1982; amended at 6 Ill. Reg. 8090, effective July 1, 1982; codified at 8 Ill. Reg. 17884; amended at 17 Ill. Reg. 15556, effective September 13, 1993; amended at 18 Ill. Reg. 16829, effective November 4, 1994; emergency amendment at 20 Ill. Reg. 445, effective January 1, 1996, for a maximum of 150 days; emergency amendment at 20 Ill. Reg. 5084, effective March 15, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 6291, effective April 18, 1996; amended at 20 Ill. Reg. 10631, effective July 24, 1996; amended at 21 Ill. Reg. 14081, effective October 10, 1997; amended at 26 Ill. Reg. 17217, effective November 18, 2002; amended at 29 Ill. Reg. 804, effective December 28, 2004; amended at 30 Ill. Reg. 1343, effective January 13, 2006; amended at 30 Ill. Reg. 13403, effective July 31, 2006; amended at 30 Ill. Reg. 18715, effective November 20, 2006; amended at 31 Ill. Reg. 12319, effective August 8, 2007; amended at 31 Ill. Reg. 14815, effective October 19, 2007; amended at 32 Ill. Reg. 13482, effective August 1, 2008; amended at 33 Ill. Reg. 11311, effective July 20, 2009; amended at 33 Ill. Reg. 17086, effective December 4, 2009; amended at 34 Ill. Reg. 11413, effective July 20, 2010; amended at 36 Ill. Reg. 8699, effective June 1, 2012; amended at 38 Ill. Reg. 9481, effective April 21, 2014; amended at 39 Ill. Reg. 5601, effective April 6, 2015; amended at 41 Ill. Reg. 11560, effective August 29, 2017; amended at 42 Ill. Reg. 17235, effective September 17, 2018; emergency amendment at 44 Ill. Reg. 12676, effective July 10, 2020, for a maximum of 150 days; emergency amendment at 44 Ill. Reg. 16886, effective October 1, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 19864, effective December 14, 2020.
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