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Charge Process – FAQs

The process of filing or responding to a charge can feel overwhelming at first, and it’s normal to have questions. Below are some of the most common inquiries we get, and if you don’t find the answer you can always contact IDHR for more help. 

Filing a Charge - FAQs

Complete the online 'Contact IDHR' form to have your inquiry immediately directed to the appropriate division for response. You can also contact IDHR by phone, email, or by visiting one of our office locations in Chicago or Springfield.

A charge should be filed with IDHR as soon as possible after the discrimination occurs, but no later than 2 years after the date the discrimination took place. A housing discrimination charge must be filed within one year of the alleged harm.

A person who believes (s)he was treated differently than others or was otherwise discriminated against based on protected class in one of the five areas may file a charge of discrimination with IDHR by submitting a completed Complainant Information Sheet (CIS): In person at IDHR's offices in either Chicago or Springfield; By mail to IDHR at either its Chicago or Springfield addresses; or By email to IDHR.

There are no fees from IDHR when you file a charge.

No, but you may use an attorney if you’d like.

IDHR has offices in Chicago and Springfield. Office hours are 8:30 AM to 5:00 PM, Monday through Friday. Intake interviews are conducted Monday through Thursday in Chicago and Springfield only. At this time, due to the COVID-19 pandemic, IDHR is not open to guests or visitors. To seek assistance, information, or support in filing a charge, please contact IDHR directly. If you would like to file a charge with IDHR, you can best provide information and help facilitate IDHR response and any potential, subsequent interview by directly submitting a Complainant Information Sheet form, found here.

 

Office Locations

Chicago Office: 555 West Monroe, Suite 700 (7th Floor), Intake Unit, Chicago, IL 60661, (312) 814-6200, (866) 740-3953 (TTY), (312) 814-1436 (FAX - Administration), (312) 814-6251 (FAX - Charge Processing)

Springfield Office: 524 S 2nd Street, Suite 300 (Third Floor), Intake Unit, Springfield, IL 62701, (217) 785-5100, (866) 740-3953 (TTY), (217) 785-5106 (FAX)

The following detailed information must be provided to IDHR: The full name, mailing address and a phone number (and alternate contact information) for the person filing a charge; Accurate and complete information of the individuals or organization that is charged with the discrimination; The most recent date of the alleged discrimination; Names and contact information for any witnesses; and Copies of any relevant documents.

In an employment situation, a charge can be filed against an employer, labor organization, or employment agency. For sexual harassment in employment, a charge can be filed against the individual harasser and/or the employer. In a real estate transaction, a charge may be filed against any person or organization responsible for the discriminatory action. In a financial credit transaction, a charge may be filed against a mortgage broker, credit union, bank, or any type of lending institution.

If timely, a complainant may request to amend the charge to make a correction. Complainant should file a new charge to identify any new allegations, and/or parties (persons or organizations).

Process After Filing - FAQs

After an investigator drafts a charge, the complainant will be asked to review and sign the completed charge. For non-housing charges, the complainant must also produce a picture ID before signing the charge in front of a notary public in our office. Persons who file employment or public accommodations charges and are located in the Chicago area will be asked to consider participating in IDHR's Mediation Program.

IDHR gives parties to employment discrimination charges an opportunity to attend a mediation conference in Chicago to discuss disputed issues and resolve their differences. Mediation gives both parties the chance to be heard and give their side of the story. A mediation conference can be scheduled soon after the charge is filed. Successful mediation results in a settlement of the charge that is voluntarily agreed to by both parties, and closure of the case before an investigation takes place.

The Illinois Human Rights Act requires that IDHR conclude all proceedings and make a finding within 365 days of filing a perfected (signed and notarized) charge or as extended by written agreement of the parties. The Act requires housing charges to be completed within 100 days of filing unless it is impracticable to do so.

If a party does not want to mediate or the mediation fails to resolve the case, a Human Rights Investigator will conduct the investigation. The investigator will contact both parties for information about the case.

At any stage of the investigation, the parties can voluntarily agree to settle and resolve the case.

A fact-finding conference is a meeting in which each party has the opportunity to present its side and respond to opposing viewpoints. It is an investigative tool designed to secure either a thorough investigation or an early voluntary settlement.

If a fact-finding conference is held, either party may bring legal counsel if the attorney has entered a "Notice of Appearance." However, attorneys have a role that is strictly advisory.

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 complainant has the option of either requesting IDHR to file a complaint with the Illinois Human Rights Commission, OR commencing a civil action in a state circuit court.

Complainants who prevail on a claim of discrimination under the Act may recover: Actual damages for injury or loss suffered; Specific relief such as hire, reinstatement, promotion, back pay, fringe benefits; Attorney fees; and Other relief to make the Complainant whole.

The Human Rights Commission is a separate state agency that conducts public hearings on complaints filed by IDHR or by complainant. The administrative law judge hears testimony, receives evidence and determines whether unlawful discrimination occurred.

Miscellaneous / Other Questions

Respondents are prohibited from retaliating against a person: for filing a charge; for opposing that which he or she reasonably and in good faith believes to be unlawful discrimination; and for appearing as a witness to someone else's charge.

Yes. Investigation of a charge may not be completed in 365 days under the following circumstances: If an extension is signed by both parties and approved by IDHR during investigation of the charge; If IDHR dismisses the case and the complainant files a request for review; If the Department recommends a finding of substantial evidence and a complaint is filed.

If a complainant or respondent does not agree with IDHR's findings, within the time frame specified in the Act, the party may file a request for review with the Human Rights Commission. Alternatively, a complainant may commence a civil action in a state circuit court of appropriate venue.

IDHR automatically cross-files eligible employment charges with the federal Equal Employment Opportunity Commission (EEOC). Similarly, housing cases initiated at IDHR are cross-filed with the U.S. Department of Housing and Urban Development (HUD). A complainant may, at any time, request a "Right to Sue Notice" from the EEOC.

No. IDHR is neutral to both parties. IDHR representatives cannot give legal advice to Complainants or Respondents. Complainants are advised to find their own attorneys, and may seek assistance through a local Bar Association.

IDHR has bilingual staff to assist some non-English speaking clients. Persons who speak limited English are encouraged to use an interpreter or a community-based organization for assistance in filing a charge.

Where you file a charge of discrimination depends on where the alleged violation occurred. Within the City of Chicago, a charge may be filed with the Chicago Commission on Human Relations. Within Cook County but outside the City of Chicago, a charge may be filed with the Cook County Human Rights Commission.

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