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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. |