If you have experienced discrimination at work, in housing, or in public accommodations in Illinois, you can file a complaint with the Illinois Department of Human Rights (IDHR). The IDHR enforces the Illinois Human Rights Act (IHRA), which protects individuals from discrimination based on race, religion, national origin, sex, disability, age, and other protected characteristics. Understanding the complaint process and what to expect can help you navigate your case effectively.
Steps in the Illinois Human Rights Process
- Filing a Charge – A complaint must be filed with the IDHR within 300 days of the alleged discrimination (one year for housing cases). The complaint can be submitted online, in person, or by mail.
- Mediation (Optional) – In some cases, the IDHR may offer mediation as a way to resolve the dispute early. This is voluntary and can lead to a settlement without a formal investigation.
- Investigation – If mediation does not resolve the case, the IDHR will investigate the complaint. The investigator will gather documents, interview witnesses, and collect relevant evidence to determine whether there is substantial evidence of discrimination.
- Finding of Substantial or No Substantial Evidence – The IDHR will issue a finding. If substantial evidence is found, the complainant may proceed to a hearing before the Illinois Human Rights Commission (IHRC) or file a lawsuit in state court. If no substantial evidence is found, the complainant may request a review of the decision.
- Hearing Before the IHRC or Lawsuit – If the case proceeds to the IHRC, an administrative law judge will conduct a hearing, similar to a trial. Alternatively, the complainant may choose to file a lawsuit in state court.
Discovery in IDHR Cases
Once the case advances to the IHRC, the complainant has the right to discovery, which may include:
- Interrogatories – Written questions that the opposing party must answer under oath.
- Requests for Production – Requests for relevant documents, such as emails, personnel records, and company policies.
- Depositions – Sworn testimony from witnesses and key individuals, which can help establish the facts of the case.
- Subpoenas – The complainant can request subpoenas to obtain records or testimony from third parties.
Potential Damages and Remedies
If the complainant is successful, the IHRC or court may award:
- Back Pay – Compensation for lost wages due to the discrimination.
- Front Pay – Compensation for future lost wages if reinstatement is not possible.
- Emotional Distress Damages – Compensation for psychological harm caused by discrimination.
- Punitive Damages – In some cases, damages to punish particularly egregious conduct.
- Attorney’s Fees and Costs – The complainant may be entitled to recover legal costs if they prevail.
Retaliation Protections
The IHRA prohibits employers, landlords, and businesses from retaliating against individuals who file complaints. Retaliation can include termination, demotion, harassment, or any adverse action taken because of the complaint. If retaliation occurs, a separate complaint can be filed with the IDHR.
Why Legal Representation Matters
Navigating the Illinois human rights process can be complex, and having an experienced attorney can make a significant difference. At Justice Legal Counsel, we help clients file complaints, build strong cases, and fight for the compensation they deserve. Whether you are considering filing a complaint or need representation at a hearing, we are here to protect your rights.
If you believe you have been discriminated against, contact us today for a consultation.