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Filing a Post-SRO Complaint

 

An individual who has a complaint about unlawful political discrimination that arose after the Supplemental Relief Order (SRO) was entered on August 10, 2018 has two avenues to follow. He or she may file a complaint in court about it or may file a Post-SRO complaint with the Interim Director of Compliance, Susan Feibus.

 

REQUIREMENTS FOR MAKING A POST-SRO COMPLAINT

 

  • The Post-SRO Complaint must relate to unlawful political discrimination in connection with any aspect of employment in the office of the Clerk of the Circuit Court of Cook County.

  • It must be filed with the Director of Compliance within 180 days of the date he/she knew of the alleged unlawful conduct. Filing the complaint will toll (stop) the statute of limitations for filing suit.

  • The complaint should be filed using the Post-SRO Complaint Form available on this website. The Director of Compliance shall provide a Notice of Rights to the complainant within 14 days of receipt of the Post-SRO Complaint Form.

 

PROCEDURES

 

  • ·If one files a Post SRO Complaint, he/she must follow the procedures here.

  • Should a complaint be filed, the individual cannot file suit until the Director of Compliance completes its investigation and files its report. The Director of Compliance has 180 days to complete its investigation, or if it’s not completed within that time, must notify all parties and the complainant for the reasons for its failure to do so.

  • The Director of Compliance shall provide its report to the complainant, any individual believed to be a victim of unlawful political discrimination, the Compliance Administrator, the Clerk and its counsel and Plaintiff’s Counsel. The report sent to the complainant and individuals believed to be victims of political discrimination must be accompanied by a Notice of Rights and a Request for Settlement Conference.

  • After the report is filed, the complainant or individual identified as a potential victim of unlawful political discrimination must participate in a mandatory settlement conference with the Clerk’s Office before they may seek relief. The complainant must submit the Request for Settlement Conference form to the Clerk’s General Counsel within 30 days of the report, and an in-person settlement conference must be held within 60 days of receipt of the request. The complainant may be represented by an attorney of his/her choice. Settlement offers may be at the discretion of the Clerk, and may include money damages, reinstatement or other relief.

  • Should the complainant be unsatisfied with the results, he/she may file suit in federal court within 30 days after the termination of the settlement conference.

 

CLERK OF THE COURT’S DUTIES

 

  • The Clerk of the Court, its office, departments and employees shall fully cooperate with the Director of Compliance and the Compliance Administrator by providing all requested documents that are relevant and not subject to a legal privilege.

  • The Clerk shall maintain all documentation related to complaints, investigations and lawsuits until 2 years after the SRO terminates.  

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NO RETALIATION

 

No person may take unlawful retaliatory action against any individual who exercises rights provided by the Clerk of Court’s consent decrees or SRO or who reports violations of the Clerk of Court’s consent decrees or SRO, including but not limited to rights under the Clerk of Court’s Whistleblower policy. An individual who believes he has been subject to retaliation may seek relief under the Post-SRO Complaint process.

Post-SRO Complaint Form

Notice of Rights

Request for Settlement Conference

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