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  The Illinois Department of Human Rights (IDHR) is an administrative agency with a field office located in Chicago.  The IDHR investigates and enforces, among other complaints, certain discrimination claims that occur within the state of Illinois.

Specifically, the IDHR enforces a number of federal laws, including the Illinois Human Rights Act (IHRA).  The IHRA prohibits discrimination because of race, color, religion, national origin, sex, ancestry, citizenship status, age, marital status, familial status, arrest record, physical and mental disability, military status, sexual orientation, and unfavorable discharge from military status.  In order to bring a lawsuit stating a claim under the IHRA, individuals must first file a charge of discrimination with the IDHR.  The charge should be filed as soon as possible after the alleged violation occurs, but no later than 180 days from the date that the discrimination or retaliation took place.

After filing a charge of discrimination at the IDHR, the case may proceed either to mediation or investigation.  Mediation is a process by which the complainant and respondent mutually agree to meet with a neutral mediator to resolve their dispute.  If the parties are unable to reach an agreement in mediation, the charge of discrimination will proceed to investigation.  During investigation, a neutral investigator will review the case, meet with the parties, speak to witnesses, and review documents.  Both parties will attend a fact-finding conference with the investigator.  Following the investigation, the investigator will prepare a written report recommending that there either is or is not “substantial evidence” of a violation of the IHRA.  If substantial evidence of a violation is found, the parties are encouraged to enter conciliation and resolve the matter.  If settlement is not accomplished, the IDHR will file a Complaint of Civil Rights Violation with the Human Rights Commission on behalf of the complainant.  Alternately, at this point the complainant may initiate the state court filing procedure or, since all IDHR charges are cross-filed with the Equal Employment Opportunity Commission, the complainant may request a notice of right to sue and proceed to federal court.  

More information regarding the IDHR, including detailed information about the laws enforced by the IDHR and the procedure for filing a charge of discrimination, can be found at the IDHR website: www.state.il.us/dhr.  

If you have questions about filing a charge or would like legal representation as you proceed with the IDHR, contact Caffarelli & Siegel Ltd. to speak to a Chicago Employment lawyer.
   
   
 
   
 
 
 
 
 
 
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