Process Overview

The Separate Roles of the Commission and the Department

The Illinois Human Rights Act empowers two entities, the Illinois Department of Human Rights and the Illinois Human Rights Commission, to play coordinated but separate roles related to the Act:

Roles

Human Rights
Department

  • Filing of Charges
  • Mediation
  • Investigation
  • Findings and Results
  • Legal Review

Human Rights
Commission

  • Independent Review of Department Findings
  • Adjudication of Complaints
  • Appeals of Decisions

Process

Human Rights
Department

Department of Human Rights workflow - See outline after the image

Department of Human Rights Process

  1. Intake of information
  2. Mediation (Optional)
  3. Investigation
  4. Finding & Results
  5. Legal Review

Human Rights
Commission

Human Rights Commission workflow

Human Rights Commission Process

Hearing Process

  1. HRC complaint is sent to the HRC
  2. HRC ALJ presides over the hearing
  3. HRC ALJ renders a decision
  4. If Exceptions are filed:
    1. Panel of 3 HRC Commissioners reviews exceptions
    2. The Panel of Commissioners may resend to the ALJ to modify the decision
    3. Or the Panel of Commissioners may sustain the ALJ's decision
      1. Then, either party may appeal the decision by filing with the IL Appellate Court

Request for Review Process

  1. HRC dismisses the charge of discrimination
  2. The Complainant files a Request for review with the HRC
  3. Panel of 3 HRC Commissioners reviews the Department's dismissal
  4. The Panel of Commissioners may reverse or sustain the Department's dismissal
    1. If the HRC sustains the dismissal, Complainant may appeal dismissal by filing with the IL Appellate Court
    2. If the HRC reverses the dismissal, Complainant may file a complaint at the HRC