If the Illinois Department of Human Rights (IDHR) has found substantial evidence in your discrimination case, you are now at a critical stage in your legal process. Many people don’t know what happens next or what their options are. This guide answers frequently asked questions about what comes after an IDHR substantial evidence finding and what you should do to protect your rights.
What Does a Finding of Substantial Evidence Mean?
A finding of substantial evidence means that IDHR determined there is enough evidence to suggest that discrimination may have occurred. This is not a final ruling, but it allows your case to move forward to the next step: either filing a lawsuit or pursuing a hearing before the Illinois Human Rights Commission (IHRC).
Does a Finding of Substantial Evidence Mean I Won My Case?
No, a substantial evidence finding does not mean you have won your case. It only means that IDHR believes there is enough evidence to support your claim. You still need to either file a lawsuit in Illinois Circuit Court to seek damages or proceed with a hearing before the IHRC, where an administrative law judge will determine the outcome.
What Are My Options After IDHR Finds Substantial Evidence?
Once IDHR issues a substantial evidence finding, you have two main options.
First, you can file a complaint with the Illinois Human Rights Commission. If you choose this route, your case will be heard by an administrative law judge (ALJ) at the IHRC. The IHRC will schedule a public hearing, similar to a trial, where you present evidence and witness testimony. If you win, the IHRC can order damages such as lost wages, emotional distress compensation, and policy changes at your employer or housing provider.
Second, you can request a right-to-sue letter and file in state court. If you want to take your case to Illinois Circuit Court, you must request a right-to-sue letter from IDHR within 90 days of the substantial evidence finding. Filing in state court may allow for additional remedies, including punitive damages, depending on the case. This process is more formal, and your case may be decided by a judge or jury.
Choosing between these two options depends on your goals, the complexity of your case, and the remedies you seek. An experienced attorney can help you determine the best path forward.
How Long Do I Have to Decide What to Do Next?
If you want to proceed with the IHRC, you have 30 days from the date of the substantial evidence finding to file your complaint. If you want to file in state court, you have 90 days from the date of the substantial evidence finding to request a right-to-sue letter and file your case in Illinois Circuit Court. Missing these deadlines could result in your case being dismissed.
What Happens at an IHRC Hearing?
If you choose to proceed with a hearing before the IHRC, here’s what to expect. First, both sides exchange evidence and may attend mediation. Pre-hearing motions may be filed to dismiss claims or limit evidence. The hearing itself functions similarly to a trial, where you present evidence, call witnesses, and argue your case. The opposing side, such as your employer, will also present its defense, and an administrative law judge will oversee the process. After reviewing the evidence, the ALJ will issue a decision. If you win, the IHRC may order monetary damages, job reinstatement, or policy changes at your employer or landlord.
What Damages Can I Recover?
Depending on the case, you may be eligible for different types of damages. You may recover back pay, which compensates for lost wages if you were fired or demoted, or front pay, which covers future lost wages if reinstatement is not possible. You may also be entitled to emotional distress damages, which compensate for mental and emotional suffering caused by discrimination. In some cases, if you win, the employer or housing provider may be required to pay your attorney’s fees. If you file in state court instead of IHRC, you may be able to seek punitive damages, which impose additional financial penalties against the employer in extreme cases of misconduct.
Should I Hire an Attorney?
Yes. Even though you can represent yourself, discrimination cases are complex, and employers often have legal teams working against you. An attorney can negotiate a settlement before the hearing or trial, gather and present strong evidence, cross-examine witnesses effectively, and ensure you seek the maximum damages available under the law. If you have received a finding of substantial evidence, now is the time to secure experienced legal representation.
Take Action Now – Contact Justice Legal Counsel
A substantial evidence finding is a major step forward, but your case is not over. The next steps are critical in securing justice and fair compensation for the discrimination you experienced. At Justice Legal Counsel, we represent individuals who have received substantial evidence findings from IDHR and help them navigate the next phase of their case. Whether you choose to file with the Illinois Human Rights Commission or in state court, we can guide you through the process and fight for the best outcome. Contact us today for a consultation to discuss your options.