Cook County Human Rights Ordinance

Ordinance No. 93-0-13
Approved and Adopted March 16, 1993
Effective Date May 21, 1993

     _________________________________________________________________
   
   
   
Table of Contents

   ARTICLE I - PREAMBLE
          
          ARTICLE II - DEFINITIONS
          
          ARTICLE III - EMPLOYMENT
          
          (A) COVERAGE
          
          (B) PROHIBITIONS
          
          (C) EXCEPTIONS
          
          (D) RELIGIOUS ACCOMMODATION
          
          (E) SEXUAL HARASSMENT
          
          (F) NATIONAL ORIGIN
          
          ARTICLE IV - CREDIT TRANSACTIONS
          
          (A) PROHIBITION
          
          (B) SEXUAL HARASSMENT
          
          ARTICLE V - PUBLIC ACCOMMODATIONS
          
          (A) PROHIBITION
          
          (B) EXCEPTIONS
          
          (C) SEXUAL HARASSMENT
          
          ARTICLE VI - HOUSING
          
          (A) DEFINITIONS
          
          (B) PROHIBITIONS
          
          (C) EXCEPTIONS
          
                (D) SEXUAL HARASSMENT
                
   ARTICLE VII - COUNTY FACILITIES, SERVICES, AND PROGRAMS
          
          (A) PROHIBITION
          
          (B) EXCEPTIONS
          
          (C) SEXUAL HARASSMENT
          
          ARTICLE VIII - CONTRACTS
          
          (A) PROHIBITION
          
          (B) CONTRACT PROVISIONS
          
          (C) EXCEPTION
          
          RTICLE IX - ADDITIONAL CIVIL RIGHTS VIOLATIONS
          
          (A) RETALIATION
          
          (B) AIDING AND ABETTING
          
          (C) INTERFERENCE
          
          ARTICLE X - ENFORCEMENT
          
          (A) COMMISSION ON HUMAN RIGHTS
          
          (B) PROCEDURE
          
          (C) REMEDIES
          
          (D) INDIVIDUAL RIGHT OF ACTION
          
          (E) ADDITIONAL POWERS AND DUTIES
          
          ARTICLE XI - SEVERABILITY
          
          ARTICLE XII - APPLICABILITY
          
          ARTICLE XIII - EFFECTIVE DATE
          
   I. PREAMBLE
   
   WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the
   State of Illinois provides that "a County which has a Chief Executive
   Officer elected by the electors of the County...[is] a Home Rule Unit"
   and the County of Cook, Illinois (the "County"), has a Chief Executive
   Officer elected by the electors of the County and is therefore a Home
   Rule Unit and may, under the powers granted by said Section 6(a) of
   Article VII of said Constitution of 1970, exercise any power and
   perform any function pertaining to its
   
   government and affairs; and
   
   WHEREAS, prejudice, intolerance, bigotry, and discrimination
   occasioned thereby threaten the rights and proper privileges of the
   County's inhabitants and menace the institutions and foundation of a
   free and democratic society; and
   
   WHEREAS, behavior which denies equal treatment to any individual
   because of his or her race, color, sex, age, religion, disability,
   national origin, ancestry, sexual orientation, marital status,
   parental status, military discharge status, source of income, or
   housing status undermines civil order and deprives individuals of the
   benefits of a free and open society; and
   
   WHEREAS, in order to create a free and open society, it is
   
   necessary to provide the protection set forth herein on a county-
   
   wide basis:
   
   
   
   BE IT AND IT IS HEREBY ORDAINED by the Cook County Board of
   Commissioners, AN ORDINANCE to assure that individuals within the
   jurisdiction of Cook County shall be protected in the enjoyment of
   civil rights, and to promote mutual understanding and respect among
   all who live and work within this County.
   
   The provisions of this Ordinance shall be liberally construed for the
   accomplishment of its purpose. Nothing in this Ordinance shall be
   construed to limit rights granted under the laws of the State of
   Illinois or the United States. This Ordinance shall be known and may
   be cited as the "Cook County Human Rights Ordinance."
   
   II. DEFINITIONS
   
   Whenever used in this Ordinance, unless otherwise defined herein:
   
   (A) "Age" means chronological age of not less than 40 years.
   
   (B) "Credit transaction" means the grant, denial, extension or
   termination of credit to an individual.
   
   (C) "Disability" means (1) a physical or mental impairment that
   substantially limits one or more of the major life activities of an
   individual; (2) a record of such an impairment; or (3) being regarded
   as having such an impairment. Excluded from this definition is an
   impairment relating to the illegal use, possession or distribution of
   "controlled substances" as defined in schedules I through V of the
   Controlled Substances Act (21 U.S.C. 812).
   
   (D) "Employee" means (1) any individual whether paid or unpaid,
   engaged in employment for an employer; or (2) an applicant for
   employment.
   
   (E) (1) "Employer" means any person employing one or more employees,
   or seeking to employ one or more employees, (a) if the person has its
   principal place of business within Cook County; or (b) does business
   within Cook County. (2) "Employer" does not mean (a) the government of
   the United States or a corporation wholly owned by the government of
   the United States; (b) an Indian tribe or a corporation wholly owned
   by an Indian tribe; (c) the government of the State of Illinois or any
   agency or department thereof; or (d) the government of any
   municipality in Cook County. (F) "Employment" means the performance of
   services for an employer (1) for remuneration; or (2) as a volunteer;
   or (3) as a participant in a training or apprenticeship program.
   
   (G) "Employment agency" means a person that undertakes to procure
   employees or opportunities to work for potential employees, through
   interviews, referrals, or advertising, or any combination thereof.
   
   (H) "Housing status" means the type of housing in which an individual
   resides, whether publicly or privately owned; an individual's
   ownership status with respect to the individual's residence; or the
   status of having or not having a fixed residence. (I) "Labor
   organization" includes any organization, labor union, or craft union,
   or any voluntary incorporated association designed to further the
   cause of the rights of union labor, which is constituted for the
   purpose, in whole or in part, of collective bargaining or of dealing
   with an employer concerning grievances, terms or conditions of
   employment, or apprenticeships or applications for apprenticeships, or
   of other mutual aid or protection in connection with employment,
   including apprenticeships or applications for apprenticeships.
   
   (J) "Marital status" means the status of being single, married,
   divorced, separated, or widowed.
   
   (K) "Military discharge status" means the fact of having been
   discharged from the Armed Forces of the United States, their Reserve
   components or any National Guard or Naval Militia other than by a
   "dishonorable discharge".
   
   (L) "National origin" means the place in which an individual or one of
   his or her ancestors was born.
   
   (M) "Parental status" means the status of living with one or more
   dependent minors or disabled children.
   
   (N) "Person" means one or more individuals; partnerships,
   associations, or organizations; labor organizations, labor unions,
   joint apprenticeship committees, or union labor associations;
   corporations; recipients of County funds; legal representatives,
   trusts, trustees in bankruptcy, or receivers; state governments other
   than that of Illinois; or commercial operations or entities controlled
   by governments other than those of Illinois, or of the United States.
   
   (O) "Public accommodation" means a person, place, business
   establishment, or agency that sells, leases, provides, or offers any
   product, facility, or service to the general public in Cook County,
   regardless of ownership or operation (1) by a public body or agency;
   (2) for or without regard to profit; or (3) for a fee or not for a
   fee. "Public accommodation" also means an institution, club,
   association, or other place of accommodation in Cook County, whether
   or not open to the general public, that has more than 400 members and
   provides regular meal service and regularly receives payment for dues,
   fees, accommodations, facilities, or services from or on behalf of
   nonmembers for the furtherance of trade or business. "Public
   accommodation" also means any products, facilities, or services of a
   non-public accommodation that are made available in Cook County to the
   general public or to the customers or patrons of another establishment
   that is a public accommodation.
   
   (P) "Religion" means all aspects of religious observance and practice,
   as well as belief, or the actual identification with or perceived
   identification with a religion.
   
   (Q) "Sexual orientation" means the status or expression, whether
   actual or perceived, of heterosexuality, homosexuality, or
   bisexuality.
   
   (R) "Source of income" means the lawful manner by which an individual
   supports himself or herself and his or her dependents.
   
   (S) "Unlawful discrimination" means discrimination against a person
   because of the actual or perceived status, practice, or expression of
   that person's race, color, sex, age, religion, disability, national
   origin, ancestry, sexual orientation, marital status, parental status,
   military discharge status, source of income, or housing status; or the
   actual or perceived association with such a person.
   
   III. EMPLOYMENT
   
   (A) COVERAGE 
   
   The prohibitions against unlawful discrimination contained in Article
   III apply as follows: 1) to employment that is or would be in whole or
   in part in Cook County; or 2) when the act of unlawful discrimination
   takes place in Cook County.
   
   (B) PROHIBITIONS 
   
   (1) EMPLOYMENT . No employer shall directly or indirectly discriminate
   against any individual in hiring, classification, grading,
   recruitment, discharge, discipline, compensation, selection for
   training and apprenticeship, or other term, privilege, or condition of
   employment on the basis of unlawful discrimination.
   
   (2) EMPLOYMENT AGENCY . No employment agency shall directly or
   indirectly discriminate against any individual in hiring,
   classification, grading, recruitment, discharge, discipline,
   compensation, selection for training and apprenticeship, or
   
   other term, privilege, or condition of employment on the basis of
   unlawful discrimination.
   
   (3) LABOR ORGANIZATIONS . No labor organization shall limit,
   segregate, or classify its membership, or limit employment
   opportunities, selection, and training for apprenticeship in any trade
   or craft, or otherwise take, or fail to take, any action which affects
   adversely any individual's status as an employee, or
   
   as an apprentice, or as an applicant for apprenticeships, or wages,
   tenure, hours of employment, or apprenticeship conditions, on the
   basis of unlawful discrimination.
   
   (C) EXCEPTIONS 
   
   The prohibitions contained in this Article III shall not apply
   
   to any of the following:
   
   (1) BFOQ . Hiring or selecting between individuals for bona fide
   occupational qualifications.
   
   (2) MILITARY DISCHARGE STATUS . Use of an individual's
   
   unfavorable discharge from military service as a valid employment
   criterion where (a) authorized by federal law or regulation; or
   
   (b) where the affected position of employment involves the
   
   exercise of fiduciary responsibilities and the reasons for the
   unfavorable discharge relate to his or her fiduciary capacity; or (c)
   where the reasons for the unfavorable discharge specifically relate to
   criteria which constitute a bona fide occupational qualification for a
   particular job.
   
   (3) VETERANS . Giving preferential treatment to veterans and their
   relatives as required by federal or state law or regulation.
   
   (4) RELIGION . Giving preference in employment by a
   
   religious corporation, association, educational institution, or
   society to individuals of a particular religion to help carry out the
   religious activities of such corporation, association, educational
   institution, or society.
   
   (D) RELIGIOUS ACCOMMODATION 
   
   (1) No employer shall refuse to make all reasonable efforts
   
   to accommodate the religious beliefs, observances, and practices
   
   of employees or prospective employees unless the employer demonstrates
   that he or she is unable to reasonably accommodate
   
   an employee's or prospective employee's religious observance or
   practice without undue hardship on the conduct of the employer's
   business.
   
   (2) Reasonable efforts to accommodate include, but are not limited to,
   allowing an employee: (a) to take a day of paid leave or vacation,
   where applicable under the employee's employment agreement; or (b) to
   be excused from work without pay and without discipline or other
   penalty; or (c) to elect to take the day off with pay in order to
   practice the employee's religious beliefs, and to make up the lost
   work time at a time and date consistent with the operational needs of
   the employer's business. Any employee who elects such deferred work
   shall be compensated at his or her regular rate of pay, regardless of
   the time and date at which the work is made up. The employer may
   require that any employee who plans to exercise option (c) of this
   paragraph provide the employer with notice of the employee's intention
   to do so, no less than five days prior to the date of absence.
   
   (E) SEXUAL HARASSMENT 
   
   No employer, employee, agent of an employer, employment agency, or
   labor organization (hereinafter referred to collectively in this
   section as "employer") shall engage in sexual harassment. "Sexual
   harassment" means any unwelcome sexual advance, request for sexual
   favors, or conduct of a sexual nature when (1) submission to such
   conduct is an explicit or implicit term or condition of an
   individual's employment; or (2) submission to or rejection of such
   conduct by an individual is used as the basis for any employment
   decision affecting the individual; or (3) such conduct has the purpose
   or effect of substantially interfering with an individual's work
   performance or creating an intimidating, hostile, or offensive working
   environment.
   
   An employer is responsible for its acts and those of its agents and
   supervisory employees with respect to sexual harassment regardless of
   whether the specific acts complained of were authorized or even
   forbidden by the employer and regardless of whether the employer knew
   or should have known of their occurrence. An employer is responsible
   for acts of sexual harassment between co-employees in the workplace
   where the employer (or its agents or supervisory employees) knew or
   should have known of the conduct, unless it can show that it took
   immediate and appropriate corrective action. An employer may also be
   responsible for the acts of non-employees, with respect to sexual
   harassment of employees in the workplace, where the employer (or its
   agents or supervisory employees) knew or should have known of the
   conduct and failed to take immediate and appropriate corrective
   action.
   
   (F) NATIONAL ORIGIN 
   
   No employer may discriminate based on national origin under the guise
   of discrimination based on an individual's foreign education or
   training. Nothing in this Ordinance shall be construed to conflict
   with federal or state licensing or certification requirements.
   
   
   
   IV. CREDIT TRANSACTIONS
   
   
   
   (A) PROHIBITION 
   
   No person shall discriminate in Cook County against any individual in
   any aspect of a credit transaction or in any term or condition of
   bonding on the basis of unlawful discrimination.
   
   (B) SEXUAL HARASSMENT 
   
   No person shall engage in sexual harassment in Cook County in any
   aspect of a credit transaction or in any term or condition of bonding.
   "Sexual harassment" means any unwelcome sexual advance, request for
   sexual favors, or conduct of a sexual nature when (1)
   
   submission to such conduct is an explicit or implicit term or
   condition of an individual's credit transaction or of bonding; or (2)
   submission to or rejection of such conduct by an individual is used as
   the basis for any credit or bonding decision affecting the individual;
   or (3) such conduct has the purpose or effect of substantially
   interfering with an individual's access to credit or bonding creating
   an intimidating, hostile, or offensive environment in any aspect of
   bonding or in any aspect of a credit transaction. V. PUBLIC
   ACCOMMODATIONS
   
   (A) PROHIBITION 
   
   No person that owns, leases, rents, operates, manages, or in any
   manner controls a public accommodation in Cook County shall withhold,
   deny, curtail, limit, or discriminate concerning the full use of such
   public accommodation by any individual on the basis of unlawful
   discrimination.
   
   (B) EXCEPTIONS 
   
   (1) The prohibition contained in this Article V shall not apply to sex
   discrimination in any of the following:
   
   (a) DISTINCTLY PRIVATE FACILITY. Any facility that is distinctly
   private in nature, such as rest rooms, shower rooms, bath houses,
   dressing rooms, or health clubs.
   
   (b) SLEEPING ROOMS. Any facility that restricts rental of residential
   or sleeping rooms to individuals of one sex.
   
   (c) EDUCATIONAL INSTITUTIONS. Any educational institution that
   restricts enrollment of students to individuals of one sex.
   
   (2) The Cook County Commission on Human Rights ("Commission") as
   defined in Article X of this Ordinance shall adopt rules specifying
   any additional exceptions to the prohibition contained in this Article
   V based on bona fide considerations of public policy.
   
   (3) Notwithstanding anything to the contrary contained in this
   Ordinance, nothing contained in this Article V shall require any
   person who does not participate in the federal Section 8 housing
   assistance program (42 U.S.C 1437f) to accept any subsidy, payment
   assistance, voucher, or contribution under or in connection with such
   program or to lease or rent to any tenant or prospective tenant who is
   relying on such a subsidy, payment assistance,
   
   contribution, or voucher for payment of part of the rent for such
   place of accommodation.
   
   (C) SEXUAL HARASSMENT 
   
   No person who is, owns, leases, rents, operates, manages, or in any
   manner controls a public accommodation shall engage in sexual
   harassment affecting access to, participation in, or the full use of
   such public accommodation. "Sexual harassment" means any unwelcome
   sexual advance, request for sexual favors, or conduct of a sexual
   nature when (1) submission to such conduct is an explicit or implicit
   term or condition of an individual's access to, participation in, or
   full use of a public accommodation; or (2) submission to or rejection
   of such conduct by an individual is used as the basis for any decision
   affecting the individual's access to, participation in, or full use of
   a public accommodation; or (3) such conduct has the purpose or effect
   of substantially interfering with an individual's access to,
   participation in, or full use of any public accommodation or creating
   an intimidating, hostile, or offensive environment with respect
   thereto.
   
   VI. HOUSING
   
   (A) DEFINITIONS
   
   Whenever used in this Article VI:
   
   (1) "Person" shall mean any person as defined in Article II (N) of
   this Ordinance that is also an owner, lessor, sublessor, assignor,
   managing agent, or other individual, firm, or corporation having the
   right to sell, rent, lease, or sublease any housing unit within Cook
   County, or any agent, broker, or other individual working on behalf of
   any such individual, firm, or corporation.
   
   (2) "Real estate transaction" means the sale, exchange, rental,
   occupancy, lease, sublease, or lease renewal of real property for
   residential purposes in Cook County or the provision of services or
   utilities in connection with such sale, exchange, rental, occupancy,
   lease, sublease, or lease renewal. "Real estate transaction" also
   means with respect to activity conducted or property located in Cook
   County, the brokering or appraising of residential real property in
   Cook County and the making, purchasing, or guaranteeing of loans or
   mortgages or providing any other financial assistance either (a) for
   purchasing, constructing, improving, repairing, or maintaining a
   dwelling or (b) secured by residential real property.
   
   (B) PROHIBITIONS 
   
   (1) TERMS AND CONDITIONS . No person shall make any distinction,
   discrimination, or restriction in the price, terms, conditions, or
   privileges of any real estate transaction, including the decision to
   engage in or renew any real estate transaction, on the basis of
   unlawful discrimination.
   
   (2) DISCRIMINATORY COMMUNICATIONS . No person shall publish,
   circulate, issue, or display, or cause to be published, circulated,
   issued, or displayed, any communication, notice, advertisement, sign
   or other writing of any kind relating to a real estate transaction
   which will indicate or express any unlawful limitation or
   discrimination on the basis of unlawful discrimination.
   
   (3) LISTINGS . No person shall deliberately and knowingly
   
   refuse examination of any listing of residential real property
   
   within Cook County to any individual because of unlawful
   discrimination.
   
   
   
   (4) REPRESENTATIONS . No person shall deliberately and
   
   knowingly represent to an individual that residential real
   
   property is not available for inspection, sale, rental, or lease
   
   in Cook County when in fact it is available, or fail to bring a
   residential real estate listing in Cook County to an individual's
   attention, or refuse to permit a person to inspect residential
   
   real property in Cook County because of unlawful discrimination.
   
   (5) BLOCKBUSTING . No person shall solicit, for sale, lease,
   
   or listing for sale or lease, residential real property within
   
   Cook County on the grounds of loss of value due to the present or
   prospective entry into any neighborhood of any individual or
   individuals of any particular race, color, sex, age, religion,
   disability, national origin, ancestry, sexual orientation,
   
   marital status, parental status, military discharge status,
   
   source of income, or housing status.
   
   (6) ENCOURAGEMENT OF BLOCKBUSTING . No person shall
   
   distribute or cause to be distributed written material or
   
   statements designed to induce any owner of residential real
   
   property in Cook County to sell or lease his, her, or its property
   
   because of any prospective change in the race, color, sex, age,
   religion, disability, national origin, ancestry, sexual orientation,
   marital status, parental status, military discharge status, source of
   income, or housing status of individuals in the neighborhood.
   
   (7) CREATING ALARM . No person shall intentionally create
   
   alarm among residents of any community within Cook County by
   transmitting communication in any manner, including a telephone call
   whether or not conversation thereby ensues, with a design to induce
   any person within Cook County to sell or lease his or her residential
   real property within Cook County because of the present or prospective
   entry into the vicinity of the property of any individual or
   individuals of any particular race, color, sex, age, religion,
   disability, national origin, ancestry, sexual orientation, marital
   status, parental status, military discharge status, source of income,
   or housing status.
   
   (C) EXCEPTIONS 
   
   The prohibitions in this Article VI shall not apply to any of
   
   the following:
   
   (1) AGE . Restricting rental or sale of a housing accommodation to an
   individual of a certain age group (a) when such housing accommodation
   is authorized, approved, financed, or subsidized in whole or in part
   for the benefit of that age group by a unit of state, local, or
   federal government; or (b) when the duly recorded initial declaration
   of a condominium or community association limits such housing
   accommodations to individuals 50 years of age or older, provided that
   an individual or members of the household of an individual owning or
   renting a unit in such housing accommodation prior to the recording of
   the initial declaration shall not be deemed to be in violation of the
   age restriction as long as the individual or household member
   continues to own or reside in the housing accommodation.
   
   
   
   (2) RELIGION . Limitation, by a religious organization, association,
   or society, or any not- for- profit institution or organization
   operated, supervised, or controlled by or in conjunction with a
   religious organization, association, or society, of the sale, rental,
   or occupancy of a dwelling which it owns or operates for other than a
   commercial purpose to individuals of the same religion, or from giving
   preference to such individuals.
   
   (3) SINGLE SEX . Restricting the rental of rooms in a housing
   accommodation to individuals of one sex.
   
   (4) PRIVATE ROOMS . Rental of a room or rooms in a private home by an
   owner if he or she or a member of his or her family resides therein
   or, while absent for a period of not more than twelve months, if he or
   she or a member of his or her family intends to return to reside
   therein.
   
   (5) Notwithstanding anything to the contrary contained in this
   Ordinance, nothing contained in this Article VI shall require any
   person who does not participate in the federal Section 8 housing
   assistance program (42 U.S.C 1437f) to accept any subsidy, payment
   assistance, voucher, or contribution under or in connection with such
   program or to lease or rent to any tenant or prospective tenant who is
   relying on such a subsidy, payment assistance, contribution, or
   voucher for payment of part of the rent for such housing
   accommodation.
   
   (D) SEXUAL HARASSMENT 
   
   No person shall engage in sexual harassment in any real estate
   transaction. "Sexual harassment" means any unwelcome sexual advance,
   request for sexual favors, or conduct of a sexual nature when (1)
   submission to such conduct is an explicit or implicit term or
   condition of an individual's real estate transaction; or (2)
   submission to or rejection of such conduct by an individual is used as
   the basis for any decision affecting the individual's real estate
   transaction; or (3) such conduct has the purpose or effect of
   substantially interfering with an individual's real estate transaction
   or creating an intimidating, hostile, or offensive environment with
   respect thereto.
   
   VII. COUNTY FACILITIES, SERVICES, AND PROGRAMS
   
   (A) PROHIBITION 
   
   No person shall engage in unlawful discrimination in the provision or
   distribution of any Cook County ("County") facilities, services, or
   programs.
   
   (B) EXCEPTION 
   
   The Cook County Commission on Human Rights ("Commission") as defined
   in Article X of this Ordinance shall adopt rules specifying any
   exceptions to the prohibition contained in this Article VII based on
   bona fide considerations of public policy.
   
   (C) SEXUAL HARASSMENT 
   
   No person shall engage in sexual harassment in the provision
   
   or distribution of any County facilities, services, or programs.
   "Sexual harassment" means any unwelcome sexual advance, request for
   sexual favors, or conduct of a sexual nature when (1) submission to
   such conduct is an explicit or implicit term or condition of an
   individual's use of County facilities, or the provision of County
   services or programs; or (2) submission to or rejection of such
   conduct by an individual is used as the basis for any decision
   affecting the provision or allocation of County services or programs,
   or the use of County facilities; or (3) such conduct has the purpose
   or effect of substantially interfering with an individual's access to
   County services, programs, or facilities, or the conduct creates an
   intimidating, hostile, or offensive environment for the provision of
   County services or programs, or in the use of County facilities.
   
   VIII. CONTRACTS
   
   (A) PROHIBITION 
   
   No person who is a party to a contract with Cook County ("County")
   shall engage in unlawful discrimination or sexual harassment against
   any individual in the terms or conditions of employment, credit,
   public accommodations, housing, or provision of County facilities,
   services or programs. "Sexual harassment" has
   
   such meaning as is ascribed to it in other articles of this Ordinance.
   
   (B) CONTRACT PROVISIONS 
   
   The purchasing agent for the County, and all other department heads,
   as authorized, shall include a provision in all County contracts that
   sets forth the County's policies with respect to unlawful
   discrimination and sexual harassment, as embodied in this Ordinance,
   and that requires every contractor to certify its compliance with
   these policies and its agreement to abide by such policies as a part
   of the contractor's contractual obligations.
   
   All County contracts shall further provide that if any party to a
   contract with the County is found to have violated any provision of
   this Ordinance, or furnished false or misleading information in any
   investigation, hearing, or inquiry held pursuant to this Ordinance,
   that contract may be subject to a declaration of default and
   termination.
   
   (C) EXCEPTION 
   
   This Article VIII applies only to contracts executed after the
   effective date of this Ordinance.
   
   IX. ADDITIONAL CIVIL RIGHTS VIOLATIONS
   
   (A) RETALIATION 
   
   No person shall retaliate against any person because that person in
   good faith has opposed that which he or she reasonably believed to be
   unlawful discrimination, sexual harassment, or other violation of this
   Ordinance or has made a complaint, testified,
   
   assisted, or participated in an investigation, proceeding, or hearing
   under this Ordinance.
   
   (B) AIDING AND ABETTING 
   
   No person shall aid, abet, compel, or coerce a person to
   
   commit a violation under this Ordinance.
   
   (C) INTERFERENCE 
   
   No person shall wilfully interfere with the performance of a duty or
   the exercise of a power by the Commission or one of its members or
   staff.
   
   
   
   X. ENFORCEMENT
   
   
   
   (A) COMMISSION ON HUMAN RIGHTS 
   
   (1) The President shall appoint eleven members to a Commission on
   Human Rights ("Commission") subject to approval of the Cook County
   Board of Commissioners. In appointing members to the Commission, the
   President shall take into account the diversity of communities and
   conditions protected by this Ordinance and shall seek the input of
   affected communities. Four of the initial appointees shall be
   appointed for terms expiring on July 1 of the year following their
   appointment, four shall be appointed for terms expiring on July 1 of
   the second year following their appointment, and three shall be
   appointed for terms ending on July 1 of the third year following their
   appointment. Thereafter, members shall be appointed for three-year
   terms.
   
   (2) Each member of the Commission (a) shall reside within the
   corporate boundaries of Cook County; (b) shall not be an employee of
   the County during his or her term; and (c) shall serve without
   compensation, but may be reimbursed for reasonable expenses incurred
   in the performance of Commission duties.
   
   (3) A majority of the members of the Commission shall constitute a
   quorum for the purpose of transacting business.
   
   (4) At its first meeting after July 1 of each year, the Commission
   shall elect from its membership a chairperson and a vice chairperson.
   The chairperson shall preside at all meetings and hearings of the
   Commission. In the absence of the chairperson, the vice chairperson
   shall preside.
   
   (5) The President may remove any member of the Commission for
   incompetence, substantial neglect of duty, gross misconduct,
   malfeasance in office, or violation of any law, after written notice,
   stating with particularity the grounds for removal and providing an
   opportunity for the member to respond.
   
   (6) The President shall appoint an Executive Director of the staff for
   the Commission. The Executive Director shall be responsible for the
   day-to-day operation of the Commission and its staff.
   
   (7) The Commission shall be responsible for initiating, receiving, and
   investigating violations of this Ordinance.
   
   (8) Hearing officers shall conduct hearings on complaints brought
   under this Ordinance. A hearing officer shall be an attorney duly
   licensed to practice law in this state.
   
   (9) The Commission may delegate to the Commission staff as the
   Commission considers necessary any matter properly before the
   Commission. The Commission shall adopt rules which specify those
   
   duties and responsibilities which may be delegated to Commission
   
   staff, and those duties and responsibilities which shall remain with
   the members of the Commission.
   
   (B) PROCEDURE 
   
   (1) Complaint Process 
   
   (a) Within 180 days after the date that a violation of this Ordinance
   is alleged to have been committed, a written complaint may be filed
   with the Commission. A written complaint may be filed by a party
   alleging that he or she was injured ("complainant") by a violation of
   this Ordinance, or a complaint may be issued by the Commission. For
   any continuing violation, the complaint may be filed within 180 days
   after the last day of the violation.
   
   (b) The complaint shall be in such detail as to substantially apprise
   any party properly concerned as to the time, place, and facts
   surrounding the alleged violation. The Commission may reject without
   prejudice and without investigation any complaint that fails to set
   forth sufficient evidence to state a prima facie case of a violation
   of this Ordinance.
   
   (c) The Commission shall serve a copy of the complaint on the party
   against whom it is made ("respondent") within 10 days after it is
   filed with the Commission. The Commission's failure to meet this or
   any other deadline shall not prejudice the complainant.
   
   (d) Both the complainant or the respondent may be represented by
   counsel at any stage of conciliation, investigation, or hearing on the
   complaint.
   
   (2) Investigation Process 
   
   (a) The Commission shall investigate each complaint to determine
   whether there is substantial evidence that a violation of this
   Ordinance has occurred. The investigation shall be completed within
   180 days after the filing or issuance of the complaint, unless it is
   impractical to do so within that time. If the Commission determines
   that there is not substantial evidence, written notification of the
   determination shall be served on the complainant and the respondent.
   The complainant shall have 30 days from receipt of this notice to file
   with the Commission a request for reconsideration of the Commission's
   determination.
   
   (b) Notwithstanding the above-referenced 180-day time period, the
   Commission may defer investigation of a timely filed complaint when
   the same complaint, or a substantially similar complaint, has been
   filed by the complainant with another administrative agency. The
   Commission shall adopt rules specifying under what circumstances
   investigation of a complaint may be deferred.
   
   (c) The Commission may attempt to settle or adjust any complaint by
   conciliation at any time that the complaint is pending.
   
   (d) The Commission shall issue subpoenas for the appearance of
   witnesses, the production of evidence, or both, in the course of
   investigations and hearings. Subpoenas shall be issued where necessary
   for a full and complete investigation. A subpoena shall be served in
   the same manner as subpoenas issued under the Rules of the Illinois
   Supreme Court to compel the appearance of a deponent and shall be
   subject to the same witness and mileage fees fixed by law for such
   subpoenas. The Commission shall adopt rules for determining objections
   to any subpoenas and prescribing any other requirements for subpoenas.
   
   (e) If the Commission concludes at any time following the filing or
   issuance of a complaint that in order to carry out the purposes of
   this Ordinance a civil action to preserve the status quo or to prevent
   irreparable harm is advisable, then the Commission may pursue a civil
   action for appropriate temporary or preliminary relief pending final
   disposition of the complaint.
   
   (f) If any person refuses to comply with a Commission subpoena, order,
   or decision, the Commission may seek judicial enforcement.
   
   (g) The Commission shall adopt liberal rules for discovery
   
   so that the complainant and the respondent may each obtain documents
   and other relevant information in the other's possession.
   
   (h) The Commission shall not disclose, other than to the parties or at
   the hearing on the complaint, any evidence obtained in the course of
   the investigation or conciliation unless otherwise required by law.
   
   (i) The Commission may dismiss a complaint or may enter an order of
   default against a party for failure to cooperate with the Commission.
   
   (3) Hearings 
   
   (a) For any complaint where it is determined that there is substantial
   evidence that a violation has occurred, a hearing shall be conducted
   by a hearing officer on the complaint. A hearing shall be commenced
   within 90 days after the determination of substantial evidence that a
   violation has occurred. All testimony shall be under oath and shall be
   either recorded or transcribed. The complainant and the respondent
   shall be allowed to testify, present evidence, and cross-examine
   witnesses at the hearing.
   
   (b) The Commission, at the request of any party and upon good cause
   shown, may at any time consider a request for expedited proceedings.
   If the Commission determines that any party has an imminent health
   risk during the proceedings, it may order the proceedings expedited.
   When an order for expedited proceedings is issued, the processing of
   the complaint shall take precedence over all matters except other
   matters of the same expedited character. When such an order is issued,
   the Commission or any hearing officer shall be authorized to shorten
   any time period set by this Ordinance or by rule other than the
   180-day period for filing complaints.
   
   (4) Decisions 
   
   (a) The hearing officer hearing the case shall make findings of fact
   based on the evidence admitted at the hearing and shall also recommend
   such relief as is appropriate to make a complainant whole. The
   findings and recommendations shall be served on all parties. Each
   party shall be given an opportunity to file with the Commission a
   brief on exceptions to the hearing officer's findings of fact and
   recommendations.
   
   (b) Subsequent to the filing and consideration by the hearing officer
   of any briefs on exceptions, the Commission shall adopt the findings
   of fact of the hearing officer if the recommended findings are not
   contrary to the evidence presented at the hearing. The Commission may
   adopt, reject, or modify the recommendations of the hearing officer,
   in whole or in part, or may remand for additional hearing on some or
   all of the issues presented.
   
   (c) Decisions of the Commission shall be in writing and must be
   approved by a majority of those Commissioners who vote at a meeting
   with a quorum. Decisions of the Commission are final orders and shall
   be served upon the parties. Either party may file with the Commission
   a request for reconsideration within 30 days of receipt of the
   Commission's decision.
   
   (d) Any party may seek a writ of certiorari from the Chancery Division
   of the Circuit Court of Cook County according to applicable law,
   appealing any final order or decision of the Commission.
   
   (C) REMEDIES 
   
   (1) Relief may include, but is not limited to, an order:
   
   (a) to cease the illegal conduct complained of and to take steps to
   alleviate the effect of the illegal conduct complained of;
   
   (b) to pay actual damages, as reasonably determined by the Commission,
   for injury or loss suffered;
   
   (c) to hire, reinstate, or upgrade the complainant, with or without
   back pay, or to provide such fringe benefits as the complainant may
   have been denied;
   
   (d) to sell or lease housing in question to the complainant;
   
   (e) to admit the complainant to a public accommodation;
   
   (f) to extend to the complainant the full and equal enjoyment of the
   goods, services, facilities, privileges, advantages, or accommodations
   of the respondent;
   
   (g) to pay the complainant all or a portion of the costs, including
   reasonable attorney's fees, expert witness fees, witness fees, and
   duplicating costs, incurred in pursuing the complaint before the
   Commission or at any stage of judicial review;
   
   (h) to take such action as may be necessary to make the complainant
   whole, including, but not limited to, awards of interest on the actual
   damages and back pay from the date of the violation;
   
   (i) to file with the Commission a report as to the manner of
   compliance;
   
   (j) to post in a conspicuous place notices which the Commission may
   publish or cause to be published setting forth requirements for
   compliance with this Ordinance or other relevant information which the
   Commission determines necessary to explain this Ordinance; and
   
   (k) to pay a fine of not less than $100 and not more than $500 for
   each offense. Every day that a violation shall continue shall
   constitute a separate and distinct offense.
   
   (2) The Commission may file with the Department of Professional
   Regulation of the State of Illinois a notice in the event that any
   licensed real estate broker or salesperson violates this Ordinance.
   
   (3) All remedies shall be cumulative.
   
   (D) INDIVIDUAL RIGHT OF ACTION
   
   (1) Any individual injured by a violation of this Ordinance shall have
   a cause of action against the violator. It is expressly the intention
   of this Ordinance to confer an individual right of action which may be
   redressed in the courts in accordance with paragraphs (2), (3), (4),
   (5) and (6) of this section (D).
   
   
   
   (2) Subsequent to a complaint being timely filed with the Commission,
   where such complaint alleges a violation(s) under Article III, IV, V,
   VI, VII, or VIII of this Ordinance, and prior to an evidence finding a
   complainant may request of the Commission to have the claims asserted
   in that complaint decided in a civil action in a court of general
   jurisdiction. The Commission in its discretion may approve the request
   and shall issue a written authorization to the complainant to proceed
   before such a court. Upon receipt of the written authorization the
   complainant shall give notice of his or her decision to proceed to
   court to the Commission and to all other complainants and respondents
   to whom the complaint relates. Under this paragraph a complainant has
   90 days from the date the written authorization is received within
   which to bring suit. The Commission shall adopt rules specifying what
   the Commission may consider in determining whether to grant or deny a
   request to proceed to court.
   
   (3) Subsequent to a complaint being timely filed with the Commission,
   where such complaint alleges a violation(s) under Article III, IV, V,
   VII, or VIII of this Ordinance, and subsequent to a finding of
   substantial evidence a complainant may elect to have the claims
   asserted in the complaint decided in a civil action in a court of
   general jurisdiction. This election must be made not later than 20
   days after all parties are notified of the Commission's finding of
   substantial evidence. If the election is not made within the specified
   time period the Commission shall retain jurisdiction of the complaint.
   The complainant shall give notice of election to the Commission and to
   all other complainants and respondents to whom the complaint relates.
   The Commission shall issue a written authorization to the complainant
   to proceed before such a court. A complainant who chooses to proceed
   to court has 90 days from the date the written authorization is
   received within which to bring suit.
   
   (4) Subsequent to a complaint being timely filed with the Commission,
   where such complaint alleges a violation under Article VI of this
   Ordinance, and subsequent to a finding by the Commission that there is
   substantial evidence that a violation of Article VI has occurred, a
   complainant or respondent may elect to
   
   have the claims asserted in the complaint decided in a civil action in
   a court of general jurisdiction. This election must be made not later
   than 20 days after all parties are notified of the Commission's
   finding of substantial evidence. If the election is not made within
   the specified time period the Commission shall retain jurisdiction of
   the complaint. The complainant or respondent shall give notice of
   election to the Commission and to all other complainants and
   respondents to whom the complaint relates. The Commission shall issue
   a written authorization to the complainant or respondent to proceed
   before such a court. A complainant or respondent who chooses to
   proceed to court has 90 days from the date the written authorization
   is received within which to bring suit.
   
   (5) The filing by a complainant or respondent of a complaint in any
   court based on some or all of the same issues as are raised in a
   complaint before the Commission shall automatically terminate the
   jurisdiction of the Commission over the complaint. In such a case, the
   Commission shall dismiss the complaint either on its own motion or on
   the motion of either party.
   
   (6) Final disposition of a complaint by the Commission shall bar a
   suit in the courts on this Ordinance over the same issues, except a
   suit to review judicially the decision of the Commission.
   
   (7) The Commission may seek to intervene in any civil action filed by
   a complainant or respondent pursuant to paragraphs 2, 3, and 4, of
   this section (D).
   
   (E) ADDITIONAL POWERS AND DUTIES 
   
   The Commission shall have such additional powers and duties
   
   as reasonably flow from its responsibilities, including but not
   
   limited to:
   
   (1) Advising and consulting with the President and the Cook County
   Board of Commissioners on all matters involving discrimination and
   sexual harassment and recommending such legislative action as it may
   deem appropriate to effectuate the policy of this Ordinance.
   
   (2) Advising and consulting with the President, the Cook County Board
   of Commissioners, and officials, departments, and agencies of the
   County government on assuring and improving the equality of services
   to all citizens.
   
   (3) Advising and consulting with the Cook County Bureau of Human
   Resources and other County departments on the development and
   implementation of programs to train County employees in methods of
   dealing with intergroup relations, in order to develop respect for
   equal rights and to achieve equality of treatment regardless of race,
   color, sex, age, religion, disability, national origin, ancestry,
   sexual orientation, marital status, parental status, military
   discharge status, source of income, or housing status.
   
   (4) Rendering an annual report of the activities of the Commission and
   making recommendations to the President and Cook County Board of
   Commissioners. The report shall be published.
   
   (5) Issuing such other rules and regulations as may be necessary to
   implement its powers, including rules of evidence and procedure for
   hearings.
   
   (6) Conducting research, public forums, and educational programs on
   tensions between various groups within society, or practices of
   unlawful discrimination; conducting public hearings to ascertain the
   status and treatment of various racial, ethnic, religious, cultural,
   and social groups within society, means of alleviating discrimination
   and bias, and means of improving human relations within the County;
   and issuing such publications as may assist in the performance of its
   function.
   
   (7) Assuming all rights, obligations, duties, and responsibilities of
   the existing Cook County Commission on Human Rights as established by
   Executive Orders 91-4 of the President of the Cook County Board of
   Commissioners and the Forest Preserve District of Cook County. The
   Commission without any additional action on behalf of a complainant
   whose complaint was filed under Executive Order 91-4 shall under the
   governance of this Ordinance continue to investigate, conciliate, and
   adjudicate as appropriate complaints filed under such Executive Order.
   The Commission shall send notice to the affected parties of this
   assumption.
   
   (8) Upon approval of the Cook County Board of Commissioners, the
   Commission may enter into a written agreement with any political
   subdivision, municipal agency, or municipal government within the
   County, or any state or federal agency, whereby the Commission and
   such entity may agree to jointly process, transfer, or refer from one
   to the other for processing and investigation an individual's
   complaint alleging unlawful discrimination, sexual harassment, or
   other civil rights violation.
   
   XI. SEVERABILITY
   
   If any article, paragraph, sentence, or clause of this Ordinance or
   the application thereof to any person is for any reason deemed to be
   invalid or unconstitutional, such
   
   decision shall not affect any remaining portion, section, or part
   thereof or application of this Ordinance to any other person.
   
   XII. APPLICABILITY
   
   (1) As provided in Article VII, Section 6(c), of the State of Illinois
   Constitution of 1970, if this Ordinance conflicts with an ordinance of
   a municipality, the municipal ordinance shall prevail within its
   jurisdiction.
   
   (2) If a municipal ordinance regulates conduct which is prohibited
   under this Ordinance and provides remedies, this Ordinance shall not
   apply within that municipal jurisdiction with respect to such conduct.
   In all other circumstances, this Ordinance shall be enforceable within
   the municipal jurisdiction to the extent permitted under the Illinois
   Constitution.
   
   XIII. EFFECTIVE DATE
   
   This Ordinance shall take effect 60 days after becoming law.