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.

Terms Used In Illinois Compiled Statutes 775 ILCS 5/7-109.1

  • Allegation: something that someone says happened.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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