Sec. 7-109.1. Federal or State court proceedings.
397 words·~2 min read·
/il/chapter-775/act-5/7-109-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sec. 7-109.1. Federal or State court proceedings.
(1)For charges filed under Article 7A of this Act, if the complainant has initiated
litigation in a federal or State court for the purpose of seeking final relief on some or all of the issues that are the basis of the charge, either party may request that the Department administratively dismiss the Department's charge or portions of the charge. Within 10 business days of receipt of the federal or State court complaint, the Department shall issue a notice of administrative dismissal and provide the complainant notice of his or her right to commence a civil action in the appropriate circuit court or other appropriate court of competent jurisdiction.
The Director shall also provide the charging party notice of his or her right to seek review of the notice of dismissal before the Commission. Any review by the Commission of the dismissal shall be filed within 30 days after receipt of the Director's notice and shall be limited to the question of whether the charge was properly dismissed under this Section.
(2)For charges filed under Article 7B of this Act, if the complainant has initiated
litigation in a federal or State court for the purpose of seeking final relief on some or all of the issues that are the basis of the charge, either party may request that the Department administratively dismiss the charge or portions of the charge pending in the federal or State court proceeding if a trial has commenced in the federal or State court proceeding. Within 10 business days of receipt of notice that the trial has begun, the Department shall issue a notice of administrative dismissal and provide the complainant notice of his or her right to commence a civil action in the appropriate circuit court or other appropriate court of competent jurisdiction.
The Director shall also provide the charging party notice of his or her right to seek review of the notice of dismissal before the Commission. Any review by the Commission of the dismissal shall be filed within 30 days after receipt of the Director's notice and shall be limited to the question of whether the charge was properly dismissed under this Section.
(3)Nothing in this Section shall preclude the Department from continuing to investigate
an allegation in the charge that is not included in the federal or State court proceeding.