If you’ve filed a discrimination complaint with the Illinois Department of Human Rights (IDHR), you may think the process is straightforward. You provide your side of the story, the respondent provides theirs, and the investigator makes a fair determination. But in reality, IDHR investigations are complex, and how you present your case can significantly impact the outcome. Having an attorney on your side can mean the difference between a finding of substantial evidence – which allows your case to proceed – and a dismissal of your claim.
Understanding the IDHR Process
When you file a complaint with the IDHR, an investigator will gather information from you, the respondent (your employer or other party you’re accusing of discrimination), and any relevant witnesses. They may review documents, interview key people, and request additional information. At the end of the investigation, the IDHR will issue a finding. If they find substantial evidence of discrimination, you can move forward with a hearing at the Illinois Human Rights Commission (IHRC) or file a lawsuit in state court. If they find lack of substantial evidence, your case is dismissed unless you successfully appeal.
How a Lawyer Strengthens Your Case
A skilled attorney can help shape your case at every stage of the IDHR investigation by:
- Organizing and Presenting Evidence Effectively – Investigators rely on the information provided by both parties. If your evidence is scattered, incomplete, or poorly presented, the IDHR may not see the full picture. A lawyer will ensure your evidence is clear, compelling, and directly linked to proving discrimination.
- Anticipating and Countering the Respondent’s Arguments – Employers often argue that their actions were justified, non-discriminatory, or unrelated to your protected status. A lawyer can anticipate these defenses and provide counterarguments that highlight inconsistencies or contradictions in their claims.
- Ensuring Deadlines and Procedures Are Followed – The IDHR has strict timelines for submitting responses and evidence. If you miss deadlines or fail to provide necessary documentation, your case could suffer. A lawyer will make sure everything is filed correctly and on time.
- Helping You Make a Stronger Statement – Your initial complaint and any follow-up statements to the investigator play a crucial role in how your case is viewed. A lawyer can help you phrase your statements strategically, ensuring you emphasize key facts that support a finding of substantial evidence.
- Gathering Witness Testimony and Supporting Documents – Witness statements, emails, performance reviews, and other records can strengthen your case. A lawyer can help collect and present this evidence in a way that maximizes its impact.
- Preparing for an Appeal if Necessary – If the IDHR dismisses your case, you have the right to request a review. A lawyer can analyze the investigator’s reasoning, identify errors, and present a strong argument for reconsideration.
Don’t Leave Your Case to Chance
A finding of substantial evidence is critical to getting justice. If your case is dismissed at the IDHR stage, you may lose the opportunity to hold your employer accountable. Having an attorney increases your chances of a favorable outcome by ensuring your case is presented as strongly as possible. If you’re facing an IDHR investigation, don’t go through it alone. Contact us today to discuss your case and how we can help.