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 either before an administrative law judge at the
Illinois Human Rights Commission ("Commission") (an agency that conducts hearings on complaints filed by IDHR on behalf of Complainant or by Complainant) or an appropriate state circuit court. That forum (either the Commission or the circuit court) will hear testimony, receive evidence and determine whether unlawful discrimination occurred.
If substantial evidence is found, Complainant has the option of either 1) requesting (within the time period specified in the Act) IDHR to file a complaint, on Complainant’s behalf, with the Commission, OR, 2) commencing a civil action (within the time period specified in the Act) in a state circuit court of appropriate venue.
If Complainant requests IDHR to file a complaint with the Commission, an IDHR attorney will be assigned to help the parties resolve or “conciliate” the charge. If a settlement agreement is not reached, the Department will file a Complaint of Civil Rights Violation with the Commission on behalf of Complainant. The Complainant bears the burden of proving the case before the Commission.
If IDHR finds a “lack of substantial evidence” of the time period specified in the Act, Complainant has the option of either 1) filing a Request for Review with the Commission, OR, 2) commencing a civil action in a state circuit court of appropriate venue.
A notice of Default may be entered against Respondent if:
(1) For charges filed before September 8, 2017: Respondent fails to file a timely verified response to the charge
(2) For charges filed on or after September 8.2017: Respondent fails to file a formal response when required by the Department;
(3) Respondent fails to attend the fact-finding conference scheduled b the Department.
Within the time period specified in the Act, Respondent may file a Request for Review with the Commission. Final orders of the Commission may be appealed to the appropriate appellate court.
Additional Information on the processing of charges is available through the following links:
Case Status and File Review
For information about the status of a pending charge or to
request to review a case file (file review is only available if
the investigation is not pending or active).
E-mail or call (312) 814-4294
Back to Process