If you have filed a discrimination complaint with the Illinois Department of Human Rights (IDHR), you may hear the term “substantial evidence” in the agency’s findings. This is a critical point in the process, as it determines whether your case can move forward. Understanding what substantial evidence means and what happens next can help you navigate your case effectively.
What is Substantial Evidence?
In the IDHR context, substantial evidence means there is enough evidence to suggest that discrimination may have occurred. It does not mean the complainant has already proven their case, but rather that there is a reasonable basis to proceed to a hearing before the Illinois Human Rights Commission (IHRC) or file a lawsuit in state court.
The IDHR investigates complaints by reviewing documents, interviewing witnesses, and gathering information. The investigator then determines whether there is substantial evidence to support the claim of discrimination.
What Happens If IDHR Finds No Substantial Evidence?
If the IDHR finds no substantial evidence, the case is dismissed. However, this is not necessarily the end of the process. You have the right to:
- Request a Review – You can ask the Chief Legal Counsel of the IDHR to reconsider the finding. This request must be made within 30 days of receiving the dismissal notice.
- File a Lawsuit – If your case involves employment discrimination, you may still have the right to file a lawsuit in state circuit court within 90 days of the dismissal.
What Happens If Substantial Evidence is Found?
A finding of substantial evidence means your case can move forward. You have two main options:
- Proceed to the Illinois Human Rights Commission (IHRC) – The case moves to the Illinois Human Rights Commission (IHRC) for a hearing. This is similar to a trial where both sides present evidence and witnesses before an administrative law judge. The judge will issue a decision based on the evidence presented.
- File a Lawsuit in State Court – Instead of proceeding with the IHRC, the complainant may choose to file a lawsuit in state circuit court for damages.
Potential Outcomes and Remedies
If you win your case at the IHRC or in court, you may be entitled to:
- Back Pay – Compensation for lost wages due to the discrimination.
- Reinstatement or Front Pay – If reinstatement is not feasible, you may receive compensation for future lost wages.
- Emotional Distress Damages – Compensation for psychological harm caused by discrimination.
- Attorney’s Fees and Costs – The employer may be required to cover your legal expenses.
Why Legal Representation Matters
Successfully challenging a no substantial evidence finding or proceeding after a substantial evidence determination requires strong legal arguments and a clear understanding of the process. At Justice Legal Counsel, we help individuals fight wrongful discrimination, build strong cases, and pursue the compensation they deserve.
If you have received an IDHR decision and need legal guidance, contact us today to discuss your options.