If you filed a discrimination complaint with the Chicago Commission on Human Relations (CCHR) or the Illinois Department of Human Rights (IDHR) and received a finding of substantial evidence, you are now at a critical stage in your case. This decision means the agency found enough evidence to support your claim, but your case is far from over. Understanding what happens next is essential to protecting your rights and maximizing your potential recovery.
What Does a Finding of Substantial Evidence Mean?
A finding of substantial evidence does not mean you have won your case, but it does mean the agency determined there is enough proof to move forward. Your case will now proceed to the next phase, where you may have the opportunity to negotiate a settlement or take your case to a hearing.
The Next Steps After a Substantial Evidence Finding
Illinois Department of Human Rights (IDHR)
After IDHR issues a substantial evidence finding in an employment discrimination case, you have two options:
- Proceed to the Illinois Human Rights Commission (IHRC) – Your case will move to the IHRC for a formal hearing, where an administrative law judge will review evidence, hear testimony, and determine if discrimination occurred.
- File a Lawsuit in State Court – You can request a right-to-sue letter and take your case to Illinois Circuit Court, where you may have broader legal remedies, including a jury trial.
If your case involves housing discrimination, it may be referred to the Illinois Attorney General’s Office for prosecution.
Chicago Commission on Human Relations (CCHR)
If CCHR finds substantial evidence, your case moves to a conciliation process to attempt a resolution. If a settlement is not reached, the case proceeds to a formal hearing before a CCHR hearing officer. Unlike IDHR cases, CCHR complaints remain within the commission rather than being litigated in state court.
What Happens at the Hearing?
If your case proceeds to a hearing before the IHRC or CCHR, you will need to present evidence and testimony to prove your claim. The process is similar to a trial, with both sides making arguments, questioning witnesses, and submitting documents. The administrative law judge or hearing officer will then issue a decision. If you win, you may be awarded damages such as back pay, emotional distress compensation, reinstatement to your job, or changes to the employer’s policies.
Why You Should Seek Legal Representation
While the agency has already determined there is substantial evidence to support your case, proving discrimination at a hearing requires strong legal arguments, strategic presentation of evidence, and skilled questioning of witnesses. Employers and landlords will have legal representation, and you should too. An attorney can help you:
- Negotiate a favorable settlement before the hearing
- Gather and present compelling evidence
- Cross-examine witnesses effectively
- Ensure you seek the maximum damages available under the law
Justice Legal Counsel represents individuals facing workplace and housing discrimination throughout Illinois. If you have received a finding of substantial evidence, now is the time to secure experienced legal counsel to strengthen your case. Contact us today for a consultation.