The IDHR process in a nutshell

IDHR

When an individual files a charge with the Illinois Department of Human Rights (IDHR), they are alleging that they have experienced unlawful discrimination based on race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service. The IDHR is responsible for enforcing the Illinois Human Rights Act, which prohibits discrimination in areas such as employment, housing, public accommodations, and financial credit.

Here’s an overview of the process after someone files a charge with the IDHR:

Charge filing and intake: The individual, referred to as the complainant, files a formal charge of discrimination with the IDHR either in person, by mail, or online. The charge must be filed within 300 days of the alleged discriminatory act.

Notice of Charge: The IDHR sends a notice to the respondent (the accused party, typically an employer, landlord, or service provider), informing them of the charge and providing the basic details of the allegations.

Investigation: The IDHR assigns an investigator to the case, who gathers information from both the complainant and the respondent. This may include interviews, requests for documents, and review of relevant records.

Fact-finding conference: The IDHR may schedule a fact-finding conference, which is an informal meeting where both parties and their representatives have an opportunity to present information, clarify issues, and answer questions from the investigator.

Determination: After the investigation, the agency will make a determination on the merits of the charge. There are two possible outcomes:a. No Substantial Evidence: If the IDHR determines there is insufficient evidence to support the charge, it will dismiss the case and notify both parties of the decision. The complainant has 90 days to request a review of the dismissal by the Illinois Human Rights Commission (IHRC).b. Substantial Evidence: If the IDHR determines there is substantial evidence to support the charge, it will attempt to resolve the matter through voluntary mediation or conciliation—a process where the IDHR works with both parties to negotiate a settlement. If a settlement is reached, the charge is closed. If a settlement cannot be reached, the agency will either file a complaint with the IHRC or issue a notice allowing the complainant to do so.

Hearing before the IHRC: If a complaint is filed with the IHRC, an administrative law judge will conduct a hearing, during which both parties present evidence and testimony. After the hearing, the judge will issue a recommended order, which can be appealed to the IHRC commissioners. The IHRC may then issue a final order, which can include relief such as financial damages, injunctive relief, or other remedies.

Judicial review (Optional): Parties may seek judicial review of the IHRC’s final order by filing an appeal with the appropriate Illinois Appellate Court.

Throughout the process, the complainant may be represented by an attorney, and it is essential for both parties to retain all relevant documents and records related to the charge. It is also important to note that retaliation against the complainant for filing a charge or participating in the process is prohibited by law.

A complainant who has filed a charge with the Illinois Department of Human Rights (IDHR) can go to state court under certain circumstances. Specifically, a complainant can file a civil lawsuit in state court after receiving a “right-to-sue” letter from the IDHR.

A right-to-sue letter may be requested and issued under the following situations:

Opt-Out: A complainant may request a right-to-sue letter after the IDHR has had the charge for at least 60 days, and before the agency has completed its investigation. The complainant can then withdraw their charge from the IDHR and proceed to file a lawsuit in state court.

No Substantial Evidence Finding: If the IDHR finds no substantial evidence to support the charge, the complainant has 90 days to request a review of the dismissal by the Illinois Human Rights Commission (IHRC). If the IHRC affirms the dismissal, the complainant may receive a right-to-sue letter, allowing them to file a lawsuit in state court.

Substantial Evidence Finding but Unsuccessful Conciliation: If the IDHR finds substantial evidence to support the charge, but conciliation efforts fail, the IDHR may issue a right-to-sue letter. The complainant can then file a lawsuit in state court.

Once a complainant receives a right-to-sue letter from the IDHR, they typically have 90 days to file a civil lawsuit in an Illinois state court. It is crucial for the complainant to adhere to this deadline, as failure to do so may result in losing the right to pursue their claim in court.

It is recommended that the complainant consult with an attorney experienced in employment discrimination or civil rights law before initiating a lawsuit in state court. The attorney can help navigate the complex legal process and advocate on the complainant’s behalf.

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