If the Illinois Department of Human Rights (IDHR) issues a finding of no substantial evidence in your discrimination case, it can feel like a major setback. However, this is not the end of the road. You still have options to challenge the decision and continue pursuing justice. Understanding your next steps is critical, and having an experienced attorney on your side can make all the difference.
Understanding a No Substantial Evidence Finding
When the IDHR finds no substantial evidence, it means they did not believe there was enough evidence to support a discrimination claim under the Illinois Human Rights Act. This does not mean your case lacks merit—it simply means the investigator did not find enough support based on the information reviewed. Employers often have legal teams defending them, and many strong claims get dismissed because they are not presented effectively.
Your Options After a No Substantial Evidence Finding
1. Request a Review from the Illinois Human Rights Commission (IHRC)
You have 90 days from the date of the IDHR’s decision to request a review by the Illinois Human Rights Commission (IHRC). The IHRC is a separate body that can overturn the IDHR’s decision if they find the investigation was flawed or that substantial evidence was overlooked. A strong written argument is critical in persuading the IHRC to reconsider the case.
2. File a Lawsuit in State Court
Even if the IDHR dismisses your case, you still have the right to sue your employer in Illinois state court. You must request a right-to-sue letter from the IDHR within 30 days of their decision. Once you receive the letter, you have 90 days to file your lawsuit. Unlike the administrative process, court litigation allows for broader discovery, meaning you can obtain documents and depose witnesses to strengthen your case.
3. Identify Errors in the Investigation
The IDHR may have overlooked key evidence, misinterpreted facts, or failed to consider important witness testimony. An attorney can review the IDHR’s findings to identify any mistakes and determine the best strategy for moving forward.
4. Strengthen Your Evidence and Refile Later
If your case was dismissed due to insufficient evidence, you may be able to gather additional documentation, witness statements, or expert opinions to support your claim. In some cases, complainants choose to file a new charge if they experience further discrimination or retaliation.
Why You Need a Lawyer Now
Challenging an IDHR decision requires a well-prepared argument backed by legal analysis and evidence. Employers often have legal teams working to keep discrimination claims from moving forward. Without experienced legal representation, you risk losing valuable opportunities to hold them accountable. At our firm, we fight for employees who have faced discrimination and help them navigate the appeals process or file lawsuits to seek justice.
If the IDHR issued a finding of no substantial evidence in your case, do not give up. You still have legal options, but time is limited. Contact us today to discuss your case and protect your rights.