§ 8A-104 — Relief; Penalties

Upon finding a civil rights violation, a hearing officer may recommend and the Commission or any three-member panel thereof may provide for any relief or penalty identified in this Section, separately or in combination, by entering an order directing the respondent to: (A) Cease and Desist Order. Cease and desist from any violation of this Act. (B) Actual Damages. Pay actual damages, as reasonably determined by the Commission, for injury or loss suffered by the complainant. (C) Hiring; Reinstatement; Promotion; Backpay; Fringe Benefits. Hire, reinstate or upgrade the complainant with or without back pay or provide such fringe benefits as the complainant may have been denied. (D) Restoration of Membership; Admission To Programs. Admit or restore the complainant to labor organization membership, to a guidance program, apprenticeship training program, on the job training program, or other occupational training or retraining program. (E) Public Accommodations. Admit the complainant to a public accommodation. (F) Services. Extend to the complainant the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the respondent. (G) Attorneys Fees; Costs. Pay to the complainant all or a portion of the costs of maintaining the action, including reasonable attorney fees and expert witness fees incurred in maintaining this action before the Department, the Commission and in any judicial review and judicial enforcement proceedings. Provided, however, that no award of attorney fees or costs shall be made pursuant to this amendatory Act of 1987 with respect to any charge for which the complaint before the Commission was filed prior to December 1, 1987. With respect to all charges for which complaints were filed with the Commission prior to December 1, 1987, attorney fees and costs shall be awarded pursuant to the terms of this subsection as it existed prior to revision by this amendatory Act of 1987. (H) Compliance Report. Report as to the manner of compliance. (I) Posting of Notices. Post notices in a conspicuous place which the Commission may publish or cause to be published setting forth requirements for compliance with this Act or other relevant information which the Commission determines necessary to explain this Act. (J) Make Complainant Whole. Take such action as may be necessary to make the individual complainant whole, including, but not limited to, awards of interest on the complainant's actual damages and backpay from the date of the civil rights violation. Provided, however, that no award of prejudgment interest shall be made pursuant to this amendatory Act of 1987 with respect to any charge in which the complaint before the Commission was filed prior to December 1, 1987. With respect to all charges for which complaints were filed with the Commission prior to December 1, 1987, make whole relief shall be awarded pursuant to this subsection as it existed prior to revision by this amendatory Act of 1987. (K) Civil Penalty. Pay a civil penalty per violation to vindicate the public interest. In imposing a civil penalty to vindicate the public interest, a separate penalty may be imposed for each specific act constituting a civil rights violation as defined in Section 1-103, and for each aggrieved party injured by the civil rights violation: (1) in an amount not exceeding $16,000 if the respondent has not been adjudged to have committed any prior civil rights violation under this Act; (2) in an amount not exceeding $42,500 if the respondent has been adjudged to have committed one other civil rights violation under this Act during the 5-year period ending on the date of the filing of this charge; and (3) in an amount not exceeding $70,000 if the respondent has been adjudged to have committed 2 or more civil rights violations under this Act during the 7-year period ending on the date of the filing of this charge; except 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 this Act, then the civil penalties set forth in subparagraphs (2) and (3) may be imposed without regard to the period of time within which any subsequent civil rights violation under this Act occurred. There shall be no distinction made under this Section between complaints filed by the Department and those filed by the aggrieved party.

Legislative History

(Source: P.A. 104-425, eff. 1-1-26 .)