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About Responding to a Charge
Someone has filed a charge of discrimination that names you or your organization as a respondent. You likely received a written notice from us with a copy of the charge and instructions for your response.
If you have not yet received this notice, we send it within 10 days of receiving a perfected charge. The notice will tell you what you need to do and when you need to respond.
Being named in a charge does not mean we have made any decision about what happened. We investigate every charge fairly and confidentially. Both you and the person who filed the charge have the opportunity to present your side.
This page explains your rights and responsibilities throughout the process. To understand each stage of the process, visit the Charge Process Overview page.
Table of contents
Your Role in the Process
What IDHR needs from you to conduct a fair investigation.
Your Rights and Responsibilities
Your protections under Illinois law and your obligations during the investigation.
Understanding the Outcomes
The three possible findings after IDHR completes its investigation.
What We Can and Can't Do
Learn our limits so you can find the right help.
Your role in the process
We need your cooperation to conduct a fair investigation for everyone involved. This means sharing relevant information, responding by our deadlines, and participating in scheduled conferences or mediation sessions.
| Our role | Your Role |
|---|---|
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We will send you a written notice within 10 days of receiving the charge. The notice includes a copy of the charge and an initial questionnaire. |
You must respond to the questionnaire by the deadline stated in the notice. |
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We may require you to file a formal response to the charge. You may also choose to file one voluntarily. |
If you file a formal response, you must send a copy to the person who filed the charge. |
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Throughout the investigation, we will request documents, policies, and other information to help us understand what happened. |
Provide the information we request by our deadlines. Keep all records related to the claim safe. |
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We may schedule conferences or mediation sessions. |
Attend all scheduled conferences or mediation sessions. |
Your rights and responsibilities
You have the right to:
Fair, neutral treatment under the Illinois Human Rights Act
Receive notice of all actions affecting your case
Submit evidence and identify witnesses to support your position
Have an attorney or other authorized representative at your own expense
Request updates or review findings when issued
Participate in voluntary mediation or conciliation without admitting fault
We need you to:
Avoid retaliation. The law prohibits retaliating against anyone involved in a claim, including complainants or witnesses
Notify us of updates. If your contact details or legal representation change, inform us right away
Understanding the outcomes
After we complete our investigation, we will issue a written finding. There are three possible findings:
If we find substantial evidence
"Substantial evidence" means we found enough evidence to suggest discrimination may have occurred. This does not mean we decided discrimination happened. It means there is enough evidence for the case to move forward.
If we find substantial evidence, the person who filed the charge has two options:
Ask us to file a complaint with the Illinois Human Rights Commission on their behalf
File their own complaint in state circuit court or with the Illinois Human Rights Commission
If they ask us to file with the Commission, one of our attorneys will work with both parties to try to resolve the case through conciliation. This is an attempt to reach a settlement agreement before moving to a hearing.
If conciliation does not resolve the case, we will file a formal complaint with the Commission on behalf of the person who filed the charge.
What this means for you:
The case may move to a public hearing before an administrative law judge at the Commission or a judge in circuit court
You have the right to present evidence and have an attorney represent you
We do not represent either party at this stage
If the Commission or court finds that discrimination occurred, they can order remedies such as back pay, reinstatement, policy changes, or other relief
For any other dismissed allegations, you also have the right to file a Request for Review with the Commission within the timeframe specified in our finding.
If we find a lack of substantial evidence
This means we did not find enough evidence under the law to suggest discrimination occurred.
The person who filed the charge can still:
File a Request for Review with the Commission within the timeframe specified in our finding
File a lawsuit in state circuit court within the legal deadline
If they take no action, the case will be closed.
Default findings
You have a responsibility to cooperate with the Department's investigation. We may enter a default finding against you if:
You fail to file a formal response when we require one
You fail to attend a fact-finding conference we schedule
If we enter a default, you can file a Request for Review with the Commission within the timeframe specified in the Act.
What we can and can't do
We can investigate discrimination covered by the Illinois Human Rights Act and ensure a fair process for both sides.
IDHR cannot:
Declare guilt or impose penalties - only the Commission or a court can decide findings
Investigate issues not tied to a legally protected reason, such as personal disputes or business disagreements
Handle claims against the federal government or its officials
Act as legal counsel for either party
To learn more about what the Act covers and your obligations:
Know Your Rights: protected areas and characteristics under the Act
Compliance: your legal obligations and how to prevent discrimination