IDHR Found Substantial Evidence – What’s Next?

If you filed a discrimination complaint with the Illinois Department of Human Rights (IDHR) and received a finding of substantial evidence, you’re at a critical turning point in your case. This finding means IDHR believes there is enough evidence to suggest that discrimination, harassment, or retaliation may have occurred. But a finding of substantial evidence does not automatically mean you win – you now have important legal decisions to make about how to proceed.

Many people don’t realize that employers and businesses fight back aggressively at this stage. Without strong legal representation, your case could stall, settle for less than it’s worth, or even be dismissed. If IDHR has found substantial evidence in your case, I can help you take the next steps to maximize your chances of success.

What Does a Finding of Substantial Evidence Mean?

A substantial evidence finding by IDHR means that, based on the investigation, there is a reasonable basis to believe your employer, landlord, or service provider violated the Illinois Human Rights Act (IHRA). However, this is not the final ruling – you must now choose how to proceed with your case. You have two options:

  1. File a lawsuit in state court. You can take your case to civil court and seek damages.
  2. Request a hearing before the Illinois Human Rights Commission (IHRC). This is an administrative process where a judge will decide your case.

Choosing the right path is crucial, and a strong legal strategy can make all the difference.

Why This Is a Critical Moment in Your Case

At this stage, the defendant – your employer, landlord, or business – will start fighting back. You can expect:

  • Settlement offers that are lower than what your case is worth
  • Attempts to get your case dismissed by arguing there’s no real proof of discrimination
  • Legal delays designed to wear you down and push you toward dropping the case

Without an experienced attorney, many claimants struggle to move forward and lose out on compensation they deserve.

How to Strengthen Your Case After an IDHR Substantial Evidence Finding

Winning at the IHRC or in state court requires more than just the IDHR finding – you need a strong legal strategy. Here’s what you should do next:

1. Understand Your Damages and What You Can Recover

Depending on your case, you may be entitled to:

  • Back pay. Compensation for lost wages if you were fired, demoted, or lost job opportunities
  • Front pay. Compensation for future lost wages if returning to your job is not possible
  • Emotional distress damages. Compensation for anxiety, stress, and harm caused by discrimination
  • Reinstatement. If you want your job back after wrongful termination
  • Attorney’s fees and court costs. The defendant may be required to pay your legal fees
  • Punitive damages. In some cases, if the discrimination was especially egregious

An attorney can help you calculate your damages accurately and fight for the maximum compensation possible.

2. Gather Additional Evidence to Strengthen Your Case

Even though IDHR found substantial evidence, you may need to present more proof to win at the IHRC or in court. This can include:

  • Witness testimony. Co-workers, clients, or others who saw the discrimination happen
  • Employment records. Performance reviews, emails, or messages proving mistreatment
  • Comparative evidence. Showing that others were treated more favorably than you
  • Expert testimony. Economists or medical professionals who can verify financial or emotional damages

The stronger your evidence, the harder it is for your employer to discredit your claims.

3. Decide Between the IHRC or State Court

The Illinois Human Rights Commission (IHRC) provides an administrative hearing process that is typically faster and less expensive than filing a lawsuit in court. However, some cases are better suited for state court, especially if significant damages are involved. An attorney can help you weigh the pros and cons and determine which forum is best for maximizing your case’s success.

4. Prepare for the Employer’s Defense

At this stage, your employer or the defendant will try to justify their actions. They might claim:

  • The discrimination never happened
  • There was a legitimate reason for firing or demoting you
  • You failed to report the issue properly
  • You did not suffer any damages

An experienced attorney will anticipate these defenses and develop a legal strategy to counter them effectively.

5. Consider Negotiating a Settlement – But Don’t Settle for Less Than You Deserve

Many cases resolve through settlement before reaching a final hearing or trial. Employers may try to offer a quick, lowball settlement. While a settlement can be a good option, it should fully compensate you for your damages. A lawyer can help you determine whether a settlement offer is fair – or if you should push for more.

Why You Need an Attorney Now

Even with a finding of substantial evidence, discrimination cases are difficult to win without legal representation. Employers have lawyers working to minimize their liability, and navigating the IHRC or court process alone can be overwhelming. A knowledgeable employment attorney can:

  • Help you decide whether to go to the IHRC or file a lawsuit in state court
  • Ensure you meet all deadlines and procedural requirements
  • Gather additional evidence and expert witnesses
  • Negotiate a strong settlement or fight for you at trial

If you move forward without an attorney, you risk losing your case or settling for far less than what you’re entitled to.

IDHR Found Substantial Evidence – Now Let’s Win Your Case

If IDHR has found substantial evidence in your case, now is the time to act. The next steps will determine whether you get the justice and compensation you deserve. Don’t go up against your employer alone. We specialize in employment discrimination cases and can help you navigate the IHRC or state court process, fight back against employer defenses, and maximize your compensation. Contact us today for a confidential consultation and take the next step toward winning your case.

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