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Charge Process 

 

Findings and Results

After the investigation, a written report is prepared recommending whether or not there is “substantial evidence” of a violation of the Act.  A finding of “substantial evidence” means that there is enough evidence for the Complainant to take the case before an administrative law judge at the HRC.

For charges filed on or before January 1, 2008, if substantial evidence of discrimination is found, IDHR provides the parties an option to reach a settlement through conciliation.  If a settlement agreement is not reached, the Department will file a Complaint of Civil Rights Violation with the Human Rights Commission on behalf of the Complainant.  The Complainant bears the burden of proving the case before the Commission.

For charges filed on or after January 1, 2008, the Complainant may file a complaint in State circuit court within ninety days of service of Department’s substantial evidence finding.  Alternatively, within fourteen days of service of the Department’s finding of substantial evidence, the Complainant may request in writing for the Department to file a complaint with the Human Rights Commission.

For charges filed before January 1, 2008, if IDHR dismisses Complainant’s charge of discrimination (or at least one allegation in Complainant’s charge), Complainant may request a review by the Chief Legal Counsel of the dismissal of Complainant’s charge.  The request for review must be filed within 30 days from the date of service of the notice of dismissal.  In addition, the Respondent may file a request for review after a “Notice of Default” finding.  Final orders of the Chief Legal Counsel may be appealed to the appropriate appellate court.

For charges filed on or after January 1, 2008, if IDHR dismisses Complainant’s charge of discrimination (or at least one allegation in Complainant’s charge) for Lack of Substantial Evidence, Lack of Jurisdiction, or Failure to Proceed, Complainant may either:  1), file a complaint in State circuit court within 90 days of service of the dismissal; or 2) file a request for review with the HRC within 30 days from the date of service of the notice of dismissal.  In addition, the Respondent may file a request for review with HRC after a “Notice of Default” finding.  Final orders of the HRC may be appealed to the appropriate appellate court.

Expiration of Timeline:

For charges filed before January 1, 2008, if the Department does not issue a Complaint or a notice of dismissal within 365 days after the date Complainant’s charge was filed (plus the number of days for extensions, if any, or any tolling period while a Request for Review is pending), Complainants have 30 days to file a complaint at the Human Rights Commission.  If the Complainant does not exercise this privilege, the Department can not continue to process the Complainant’s charge.

For charges filed on or after January 1, 2008, if the Department does not issue findings as to Complainant’s charge within 365 days after the date dismisses Complainant’s charge of discrimination (or at least one allegation in Complainant’s charge), the Complainant has 90 days to file a complaint in State circuit court or to file a complaint with the Human Rights Commission.


Additional Information on the processing of charges is available through the following links:

Case Status

For information about the status of a pending charge, contact

Case Status Inquiry:  E-mail or call (312) 814-4294

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Complaint Process

 

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