If you believe you have experienced workplace discrimination, harassment, or retaliation in Illinois, you have the right to file a complaint with the Illinois Department of Human Rights (IDHR). This process is free, and you do not need an attorney to file, though having legal representation can improve your chances of success.
This guide will walk you through the IDHR complaint process, key deadlines, and what to expect.
Step 1: Determine If You Have a Claim
IDHR investigates complaints related to discrimination in employment, housing, public accommodations, and education. This guide focuses on employment discrimination claims under the Illinois Human Rights Act (IHRA).
You may have a claim if you were:
- Fired, demoted, or denied a job due to race, sex, age, disability, religion, national origin, or another protected characteristic.
- Harassed at work due to your race, sex, or other protected characteristic.
- Denied a reasonable accommodation for a disability, pregnancy, or religious belief.
- Retaliated against for reporting discrimination, harassment, or illegal activity.
Step 2: File Your Complaint Before the Deadline
In most cases, you must file a complaint with IDHR within 300 days of the discriminatory act. If your claim involves housing discrimination, the deadline is one year.
Step 3: Gather Evidence for Your Case
To strengthen your case, gather as much evidence as possible, including:
- Emails, texts, or performance reviews showing discrimination or retaliation.
- Witness statements from coworkers who observed the discrimination.
- A timeline of events showing what happened and when.
- Company policies that were violated in your termination or treatment.
Step 4: Submit Your Complaint to IDHR
You can file a complaint with IDHR in three ways:
- Online – Submit a complaint using IDHR’s digital intake form on their website.
- By Mail or Fax – Print and complete the Employment Complainant Information Sheet and send it to IDHR.
- In Person – Schedule an appointment at an IDHR office in Chicago or Springfield.
When submitting your complaint, be clear and specific about:
- The discriminatory act (e.g., wrongful termination, harassment).
- The dates the discrimination occurred and who was involved.
- Why you believe it was based on a protected characteristic (e.g., race, gender, disability).
Step 5: IDHR Reviews Your Complaint
Once your complaint is filed, IDHR will:
- Review your allegations to determine if they fall under Illinois law.
- Contact you to confirm details and possibly schedule an interview.
- Notify your employer and give them a chance to respond.
If your complaint is accepted, IDHR assigns an investigator to examine your case.
Step 6: IDHR Investigation Process
The investigator will:
- Interview you, your employer, and any witnesses.
- Review documents, emails, and evidence from both sides.
- Attempt to mediate the dispute (in some cases) to reach a settlement.
This process can take several months to a year, depending on case complexity.
Step 7: IDHR Issues Its Decision
After investigating, IDHR will issue one of the following findings:
- Substantial Evidence – Your case has enough evidence to move forward.
- Lack of Substantial Evidence – Your claim does not meet the legal standard for discrimination.
If you receive a Substantial Evidence finding, you may:
- Request a public hearing before the Illinois Human Rights Commission.
- File a lawsuit in state court.
If your complaint is dismissed, you can still sue your employer under certain circumstances.
Step 8: Next Steps After IDHR’s Decision
- If IDHR finds substantial evidence, your case moves to the Illinois Human Rights Commission (IHRC) for a hearing.
- If IDHR dismisses your claim, you can request a review or file a lawsuit in court.
Should You Get Legal Help?
While you can file an IDHR complaint on your own, having an attorney can improve your chances of success. A lawyer can:
- Ensure your complaint is well-drafted and supported by evidence.
- Help negotiate a settlement with your employer.
- Represent you if your case moves to court or the Human Rights Commission.
Justice Legal Counsel Can Help
At Justice Legal Counsel, we help workers fight workplace discrimination, harassment, and retaliation. If you believe you have a claim, contact us today for a confidential consultation to discuss your legal options.