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Charge Process 

 

Legal Review

Request for Review Rights:  For charges filed before January 1, 2008, if IDHR dismisses the case, the Complainant has the right to file a request for review within 30 days to IDHR’s Chief Legal Counsel.  The Respondent may file a request for review within 30 days of a notice of default recommendation.

For charges filed on or after January 1, 2008 that are dismissed, Complainants have the right to file a request for review within 30 days of service of the dismissal with the Human Rights Commission (HRC).  The Respondent may file a request for review with the HRC within 30 days of service of a notice of default recommendation.

Public Hearing:  For charges filed on or before January 1, 2008, if substantial evidence of discrimination is found, the IDHR provides the parties the opportunity to reach a settlement through conciliation.  If conciliation fails, IDHR files a complaint with the HRC and the case is scheduled for a public hearing before an administrative law judge.

For charges filed on or after January 1, 2008, the Complainant may file a complaint in State circuit court within 90 days of service of Department’s substantial evidence finding.  IDHR files a complaint only if within 14 days of service of IDHR’s finding of substantial evidence, the Complainant requests in writing for IDHR to file a complaint with the HRC.

Both parties will need to obtain legal representation to properly present or defend the case before the administrative law judge.  If the administrative law judge recommends a finding that the Respondent has discriminated against the Complainant, the administrative law judge can recommend whatever remedy is needed to make the Complainant “whole”, as if the discrimination had not occurred.  A three-member panel of the HRC can review the recommendation of the administtrative law judge.  If the case goes to public hearing, the entire process could take several years.


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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