If you’ve faced discrimination at work, in housing, or in a public space in Illinois, filing a complaint with the Illinois Department of Human Rights (IDHR) is the first step toward justice. If your case is not resolved at that stage, it may move to the Illinois Human Rights Commission (IHRC), where an administrative judge will decide the outcome. Winning your case at the IHRC requires strong evidence, preparation, and legal strategy.
If you’re considering taking legal action, this guide explains what to expect and how to maximize your chances of success.
What Is the Illinois Human Rights Commission?
The IHRC is a state agency that hears and decides discrimination cases under the Illinois Human Rights Act (IHRA). If the IDHR finds substantial evidence that discrimination occurred and your case is not settled through mediation, you can pursue a hearing before the IHRC instead of filing a lawsuit in court. The IHRC handles cases involving:
- Employment discrimination (wrongful termination, harassment, retaliation)
- Housing discrimination (denial of housing based on race, disability, familial status)
- Public accommodations discrimination (denial of service at businesses or public spaces)
- Retaliation for reporting discrimination
IHRC cases are like court trials but take place before an administrative law judge (ALJ) instead of a jury.
How to Build a Strong Case at the IHRC
Winning at the IHRC requires clear evidence that you were discriminated against and that the employer, landlord, or business violated the IHRA. Here’s how to strengthen your case:
1. Gather Strong Evidence
Your case is only as strong as the evidence you present. You will need:
- Documentation. Emails, text messages, or written communications showing discriminatory conduct.
- Employment or Housing Records. Termination letters, lease agreements, pay stubs, or policies showing unfair treatment.
- Witness Statements. Testimony from co-workers, tenants, or customers who saw the discrimination or retaliation.
- Comparative Evidence. Proof that others in similar situations were treated more favorably.
- Medical or Psychological Records. If you suffered emotional distress, therapy records or doctor’s notes can support your claim.
2. Prove Discrimination Under the IHRA
To win at the IHRC, you must prove that:
- You are protected under the Illinois Human Rights Act (e.g., your race, gender, disability, religion, or other protected characteristic was a factor).
- You suffered adverse treatment (such as being fired, denied housing, harassed, or retaliated against).
- The discrimination was intentional or unlawful under the IHRA.
- Your employer, landlord, or business cannot provide a legitimate, non-discriminatory reason for their actions – or if they do, you can show it’s a pretext for discrimination.
3. Prepare for the Administrative Hearing
If your case proceeds to a hearing, it will be similar to a trial. Expect:
- Pre-hearing discovery. Both sides exchange evidence.
- Motions and legal arguments. The opposing side may try to get your case dismissed before the hearing.
- Witness testimony. You and your witnesses may need to testify under oath.
- Cross-examination. The opposing side will question you and your witnesses.
It’s crucial to be well-prepared and anticipate how the other side will defend themselves.
4. Avoid Common Mistakes
Many discrimination cases are lost due to technical errors or weak arguments. Here’s how to avoid them:
- File your case on time. The IHRC follows strict deadlines, and missing them can get your case dismissed.
- Don’t rely only on your testimony. Verbal claims are important, but written evidence is stronger.
- Be consistent. Your claims should match what you reported to HR, the IDHR, and in your legal filings.
- Seek legal representation. Employers and businesses often have experienced attorneys. Representing yourself puts you at a disadvantage.
What Remedies Can You Win at the IHRC?
If you win your case at the IHRC, you may be awarded:
- Monetary damages (back pay, lost wages, compensation for emotional distress)
- Reinstatement to your job (if you were fired unlawfully)
- Policy changes or mandatory training for the employer or business
- Punitive damages in housing discrimination cases
- Attorney’s fees and costs if you have legal representation
Take Action Now – Get Legal Help
Winning a case at the IHRC requires preparation, evidence, and legal strategy. Employers and businesses will fight back, often with experienced lawyers working to discredit your claims. Having an attorney on your side increases your chances of success and helps you navigate the legal process.
If you believe you’ve been discriminated against, don’t wait. We specialize in discrimination cases before the IHRC and can help you build the strongest case possible. Contact us today for a confidential consultation and take the first step toward justice.