Section Activities Summary

ISBA Central Discussions

Legislation

The Section Council reviewed 60 bills that may affect their members’ practice area. Highlights of the most recent legislative session include:

• House Bill 2568 creates the Equality for Every Family Act.
• House Bill 2873 amends the Stalking No Contact Order Act. Expands the definition of "stalking" to include harassment that is conduct that is not necessary to accomplish a purpose that is reasonable under the circumstances, would cause a reasonable person emotional distress, and causes emotional distress to the petitioner. Creates a rebuttable presumption that the following conduct is presumed to cause emotional distress: (i) creating a disturbance at the petitioner's place of employment or school; (ii) repeatedly telephoning the petitioner's place of employment, home, or residence after being told by the petitioner or the petitioner's employer to stop calling; (iii) repeatedly following the petitioner about in a public place or places; (iv) repeatedly keeping the petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle, or other place occupied by the petitioner or by peering in the petitioner's windows; (v) threatening the safety of the petitioner's minor child or family member; or (vi) threatening physical force, confinement, or restraint on one or more occasions. Excludes from the definition of “stalking” labor compliance activity, such as monitoring compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements.
• Senate Bill 2487 amends the Illinois Human Rights Act to make it discretionary rather than mandatory that the Department of Human Rights conduct a fact-finding conference. Provides that if the complainant and respondent both submit a written request for a fact finding conference prior to 90 days after the date on which the charge was filed, the Department shall conduct a fact finding conference unless prior to the Department's receipt of both requests, the Department has issued its report. Provides that any request for a fact finding conference must include the party's written agreement to grant an extension of 120 days to the time period if requested by the Department to issue its report. Specifies that the aforementioned amendatory change applies to charges pending or filed on or after the effective date of the bill. Provides for the imposition of a civil penalty that may be imposed for each specific act constituting a civil rights violation and for each aggrieved party injured by the civil rights violation (i) in an amount not exceeding $16,000 if the respondent has not been adjudged to have committed any prior civil rights violation under the Act; (ii) in an amount not exceeding $42,500 if the respondent has been adjudged to have committed one other civil rights violation under the Act during the 5-year period ending on the date of the filing of the charge; and (iii) in an amount not exceeding $70,000 if the respondent has been adjudged to have committed 2 or more civil rights violations under the Act during the 7-year period ending on the date of the filing of the charge. Provides that if the acts constituting the civil rights violation that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a civil rights violation under the Act, then the civil penalties set forth in (ii) and (iii) may be imposed without regard to the period of time within which any subsequent civil rights violation under the Act occurred.