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How Does the Charge Process Work?
We work to investigate every charge fairly and confidentially. The steps below explain what happens, what each side can expect, and how to prepare.
Note: This page covers housing and non-housing discrimination charges. They follow a slightly different process. For more information, read FAQs about the process.
Who is involved
Every charge involves two parties:
Complainant: You are the complainant if you filed the charge because you believe you experienced discrimination.
Respondent: You are the respondent if you or your organization has been named in a charge.
We treat both parties fairly throughout the process. The sections below explain what happens at each step and what you need to do.
Charge Process Steps
See also
Intake
We start by reviewing your information to confirm it falls under the Illinois Human Rights Act. If it does, we will draft a formal charge for you to sign. We can only investigate charges that meet the legal requirements under the Act.
Complainants
You must file your charge within 2 years of when the discrimination happened. Provide as many details as possible, including evidence and witness names.
For charges related to housing you must file within 1 year of when the discrimination happened.
Respondents
You will receive notice of the charge by mail with instructions for your written response.
You must respond by the deadline, or you may receive a default ruling.
Mediation (Optional)
We offer free, confidential mediation to help both sides reach a resolution before an investigation. One of our trained mediators will guide the conversation, and any agreement is completely voluntary. Choosing mediation does not affect your rights.
Complainants
Mediation can resolve your case faster than a full investigation. We provide the mediator at no cost to you.
Housing cases skip mediation and proceed directly to investigation.
Respondents
You can participate without admitting any wrongdoing.
If you reach a settlement, it may include money, policy changes, or other terms both parties agree on.
Investigation
If mediation does not happen or does not resolve the charge, we will investigate. We stay neutral while collecting documents, interviewing witnesses, and reviewing evidence from both sides.
We may hold a fact-finding conference as part of this stage.
What's a fact-finding conference?
We may schedule an informal meeting where both parties share information with our investigator. It helps us get the full picture and sometimes leads to early resolution.
Complainants
Work with our investigator and provide any relevant information or documents we request.
If we schedule a fact-finding conference, attend and bring witnesses or an interpreter if you need one.
Respondents
Provide the policies, documents, and witness information we request. Attend any scheduled conferences.
Important: Keep all relevant records safe and respond to our requests on time.
Findings & Results
After reviewing all evidence, we'll issue a written finding:
Substantial Evidence means enough evidence exists to suggest discrimination occurred.
Lack of Substantial Evidence means there’s insufficient evidence under the law.
Complainants
If we find substantial evidence, you have two options:
1 - Ask us to file a complaint with the Human Rights Commission (HRC) on your behalf, or
2 - File your own complaint in state court or with HRC
If we don't find substantial evidence, you can still request a review by the HRC within the time allowed.
Respondents
We'll send you a written notice of our finding. If we find substantial evidence, the complainant decides what happens next.
If we enter a default finding, you have the right to request a review of our finding within the legal deadlines.
Hearing or Court Review
If we find substantial evidence and the case moves forward, it goes either to the Illinois Human Rights Commission (IHRC) or to the state circuit court.
Complainants
A judge will decide whether discrimination actually occurred and what remedies you are entitled to.
Respondents
You have the right to present your evidence and hire an attorney. We do not represent either side at this stage.
How Long is the Process?
We work to complete our investigation and issue findings within 365 days from when your charge is filed and signed.
This timeline can be extended if both parties agree in writing. If we have not made a decision within that time period and there is no extension, complainants may have the right to take their case directly to court.
For housing investigations, we aim to complete housing investigations within 100 days whenever possible - in line with federal fair housing standards. Some cases require more time depending on complexity or evidence needs. If so, we communicate updates to both sides.