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775 ILCS 5/10-102

Court Actions

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(775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
    Sec. 10-102. Court Actions.
    (A) Circuit Court Actions.
        (1) An aggrieved party may commence a civil action in
    
an appropriate Circuit Court not later than 2 years after the occurrence or the termination of an alleged civil rights violation or the breach of a conciliation or settlement agreement entered into under this Act, whichever occurs last, to obtain appropriate relief with respect to the alleged civil rights violation or breach. The plaintiff or defendant may demand trial by jury for civil actions brought under this subsection. Venue for such civil action shall be determined under Section 8-111(A)(1).
        (2) The computation of such 2-year period shall not
    
include any time during which an administrative proceeding under this Act was pending with respect to a complaint or charge under this Act based upon the alleged civil rights violation. This paragraph does not apply to actions arising from a breach of a conciliation or settlement agreement.
        (3) An aggrieved party may commence a civil action
    
under this subsection whether or not a charge has been filed under Section 7B-102 and without regard to the status of any such charge, however, if the Department or local agency has obtained a conciliation or settlement agreement with the consent of an aggrieved party, no action may be filed under this subsection by such aggrieved party with respect to the alleged civil rights violation practice which forms the basis for such complaint except for the purpose of enforcing the terms of such conciliation or settlement agreement.
        (4) An aggrieved party shall not commence a civil
    
action under this subsection with respect to an alleged civil rights violation which forms the basis of a complaint issued by the Department if a hearing officer has commenced a hearing on the record under Article 3 of this Act with respect to such complaint.
    (B) Appointment of Attorney by Court. Upon application by a person alleging a civil rights violation or a person against whom the civil rights violation is alleged, if in the opinion of the court such person is financially unable to bear the costs of such action, the court may:
        (1) appoint an attorney for such person, any attorney
    
so appointed may petition for an award of attorneys fees pursuant to subsection (C)(2) of this Section; or
        (2) authorize the commencement or continuation of a
    
civil action under subsection (A) without the payment of fees, costs, or security.
    (C) Relief which may be granted.
        (1) In a civil action under subsection (A) if the
    
court finds that a civil rights violation has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages, and may grant as relief, as the court deems appropriate, any permanent or preliminary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such civil rights violation or ordering such affirmative action as may be appropriate.
        (2) In a civil action under subsection (A), the
    
court, in its discretion, may allow the prevailing party, other than the State of Illinois, reasonable attorneys fees and costs. The State of Illinois shall be liable for such fees and costs to the same extent as a private person.
    (D) Intervention by the Attorney General. If the Department certifies that the case is of general public importance, the Attorney General may seek to intervene on behalf of the Department in a civil action filed by a complainant in State or federal court under this Section. Upon such intervention, the court may award any of the remedies set forth in Section 8B-104 and subsection (B) of Section 10-104.
(Source: P.A. 102-706, eff. 4-22-22; 103-335, eff. 1-1-24.)

    
Notes of Decisions
Cited in 14 cases (6 in the last 5 years), 1995–2024 · leading case: Terry R. Allahar and Rizalina M. Allahar v. Joseph Zahora, Cross-Appellee
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Terry R. Allahar and Rizalina M. Allahar v. Joseph Zahora, Cross-Appellee (1995) ca7 “775 ILCS 5/10-102(3) & (4) (“An aggrieved party may commence a civil action under this subsection whether or not a charge has been filed [with the IDHR] and without regard to the status of any such charge ” but an “[aggrieved party shall not commence a civil action .”
Rozsavolgyi v. The City of Aurora (2016) illappct “775 ILCS 5/8A-104 (West 2014) (among other forms of relief, the Commission may award: (1) actual damages; (2) hiring, reinstatement or upgrade, back pay, and fringe benefits; (3) restoration of labor organization membership; and (4) attorney fees and costs; further, it may (5)…”
Novak v. State Parkway Condominium Ass'n (2015) ilnd “whether or not a complaint has been filed [administratively] and without regard to the status of any such complaint[.]” 42 U.S.C. § 3613 (a)(2).”
Mendez v. The Town of Cicero (2016) illappct · cites it 2× “¶ 13 ANALYSIS ¶ 14 The sole issue on appeal is the reasonableness of the circuit court’s award of attorney fees.”
Rozsavolgyi v. City of Aurora (2016) illappct “775 ILCS 5/8A-104 (West 2014) (among other forms of relief, the Commission may award: (1) actual damages; (2) hiring, reinstatement or upgrade, back pay, and fringe benefits; (3) restoration of labor organization membership; and (4) attorney fees and costs; further, it may (5)…”
Campasano v. Koster (2021) illappct · cites it 2× “Moreover, as the trial court observed, Campasano knew that the Pablo contract was terminated in August 2014, but he did not reach out to Koster to purchase the property, nor did he seek the assistance of the court to enforce his rights under the statute.”
Graham v. Village of Dolton (2023) illappct “”); 775 ILCS 5/10-102(C)(2) (West 2016) (stating in an action under the Illinois Human Rights Act, “the court, in its discretion, may allow the prevailing party, other than the State of Illinois, reasonable attorneys fees and costs”).”
Duarte v. Convergent Outsourcing, Inc. (2018) ilnd “The Illinois Human Rights Act bars discrimination in a variety of contexts, and the remedial provisions (both in the Illinois Human Rights Commission and in the courts) authorize recovery for “actual damages.”
Sullivan v. Liberty Mutual Insurance Company (2022) ilnd “§ 3604 ; the Illinois Human Rights Act, 775 ILCS 5/10-102; Sections 1981 and 1982 of the Civil Rights Act of 1866; state 1 According to the complaint, Category 3 wastewater, also known as “black water,” includes “sewage, rising flood waters, and seawater, as well as river and…”
Williams Jr v. Heartland Realty Investors, Inc. (2022) ilnd “See 775 ILCS 5/10-102(A)(1); Straw v. Streamwood Chamber of Commerce, Inc.”
Trimuel v. Chicago Housing Authority (2023) ilnd “1996) (applying Illinois two-year personal injury limitations period to ADA claim); 775 ILCS 5/10-102(A)(1) (setting forth two-year limitations period for civil rights actions under IHRA).”
Washington v. Enterprise Holdings, LLC (2024) ilnd “and the Illinois Human Rights Act (“IHRA”), 775 ILCS 5/10-102, as well as disability discrimination in violation of the Americans with Disabilities Act (“ADA”), 42 U.”
Show all 14 citing cases →
— 775 ILCS 5/10-102(3) — 2 cases
Terry R. Allahar and Rizalina M. Allahar v. Joseph Zahora, Cross-Appellee (1995) ca7 “775 ILCS 5/10-102(3) & (4) (“An aggrieved party may commence a civil action under this subsection whether or not a charge has been filed [with the IDHR] and without regard to the status of any such charge ” but an “[aggrieved party shall not commence a civil action .”
Novak v. State Parkway Condominium Ass'n (2015) ilnd “whether or not a complaint has been filed [administratively] and without regard to the status of any such complaint[.]” 42 U.S.C. § 3613 (a)(2).”
— 775 ILCS 5/10-102(A)(1) — 2 cases
Williams Jr v. Heartland Realty Investors, Inc. (2022) ilnd “See 775 ILCS 5/10-102(A)(1); Straw v. Streamwood Chamber of Commerce, Inc.”
Trimuel v. Chicago Housing Authority (2023) ilnd “1996) (applying Illinois two-year personal injury limitations period to ADA claim); 775 ILCS 5/10-102(A)(1) (setting forth two-year limitations period for civil rights actions under IHRA).”
— 775 ILCS 5/10-102(C) — 2 cases
Rozsavolgyi v. The City of Aurora (2016) illappct “775 ILCS 5/8A-104 (West 2014) (among other forms of relief, the Commission may award: (1) actual damages; (2) hiring, reinstatement or upgrade, back pay, and fringe benefits; (3) restoration of labor organization membership; and (4) attorney fees and costs; further, it may (5)…”
Rozsavolgyi v. City of Aurora (2016) illappct “775 ILCS 5/8A-104 (West 2014) (among other forms of relief, the Commission may award: (1) actual damages; (2) hiring, reinstatement or upgrade, back pay, and fringe benefits; (3) restoration of labor organization membership; and (4) attorney fees and costs; further, it may (5)…”
— 775 ILCS 5/10-102(C)(1) — 1 case
Campasano v. Koster (2021) illappct “Moreover, as the trial court observed, Campasano knew that the Pablo contract was terminated in August 2014, but he did not reach out to Koster to purchase the property, nor did he seek the assistance of the court to enforce his rights under the statute.”
— 775 ILCS 5/10-102(C)(1)(A) — 1 case
Duarte v. Convergent Outsourcing, Inc. (2018) ilnd “The Illinois Human Rights Act bars discrimination in a variety of contexts, and the remedial provisions (both in the Illinois Human Rights Commission and in the courts) authorize recovery for “actual damages.”
— 775 ILCS 5/10-102(C)(2) — 4 cases
Mendez v. The Town of Cicero (2016) illappct “¶ 13 ANALYSIS ¶ 14 The sole issue on appeal is the reasonableness of the circuit court’s award of attorney fees.”
Graham v. Village of Dolton (2023) illappct “”); 775 ILCS 5/10-102(C)(2) (West 2016) (stating in an action under the Illinois Human Rights Act, “the court, in its discretion, may allow the prevailing party, other than the State of Illinois, reasonable attorneys fees and costs”).”
Campasano v. Koster (2021) illappct “Moreover, as the trial court observed, Campasano knew that the Pablo contract was terminated in August 2014, but he did not reach out to Koster to purchase the property, nor did he seek the assistance of the court to enforce his rights under the statute.”
Miller v. Bizzell (2000) illappct
— 775 ILCS 5/10-102(a) — 1 case
Habitat Company v. McClure (1998) illappct
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