IDHR mediator who helps explore a possible resolution of the charge. Step 3: Investigation . Investigation occurs if the involved parties do not participate in mediation or if the mediation is unsuccessful. Complainants (persons filing complaints) and respondents (persons responding to accusations of harassment) have a responsibility to cooperate with IDHR’s investigation. IDHR has the power to subpoena relevant documents and persons. The role of IDHR is to conduct a neutral investigation into the allegations of the charge. Respondents are forbidden from retaliating against any person because they have filed or have otherwise participated in the investigation of a charge. If a person believes they have been retaliated against, they can file a retaliation charge with IDHR. Both parties may be required to attend a fact-finding conference, a face-to-face meeting conducted by an IDHR investigator where the complainant and representatives of the respondent answer questions so that the investigator can determine if there was a violation of the Human Rights Act. During the fact-finding conference, either party may bring legal counsel if the attorney has entered a Notice of Appearance. However, the attorney’s role is strictly advisory. They may not testify at the conference except on matters about which they have first-hand knowledge, nor may they ask direct questions of either party. Representation by an attorney is not required. If IDHR does not make a finding by the 365th day (plus the number of days for extensions, if any, or any tolling period while a request for review is pending), the complainant has 90 days to file a complaint with the Human Rights Campaign or to file a complaint in the state circuit court. After completing the investigation, the investigator writes a report summarizing the information obtained and makes a recommended finding based on the relevant evidence. After approval, IDHR sends a copy of the report to both parties. Step 4: Findings and results . The written report mentioned in step 3 is prepared to recommend whether there is substantial evidence of a violation of the act. A finding of substantial evidence means there is enough evidence for the complainant to take the case before either an administrative law judge at the Illinois Human Rights Commission or an appropriate state circuit court. The complainant can either request that IDHR file a complaint on the complainant’s behalf with the commission or commence a civil action in a state circuit court of the appropriate venue. If IDHR finds a lack of substantial evidence, the complainant can either file a request for review with the commission or start a civil action in a state circuit court of an appropriate venue. A notice of default may be entered if the respondent has failed to file a timely verified response to the charge or has failed to attend the fact-finding conference. Within the period specified in the act, the respondent may file a request for review with the commission. Final orders of the commission may be appealed to the appropriate appellate court. Step 5: Legal review . Several options are available to complainants and respondents after receipt of the investigation report: ● Request for review rights: For dismissed charges, complainants have the right to file a request for review with the HRC within 90 days of service of the dismissal. The respondent may file a request for review with the HRC within 30 days of service of a notice of default recommendation. ● Public hearing: If substantial evidence is found, complainants have the option of requesting that IDHR file a complaint, on the complainant’s behalf, with the HRC within 90 days of service of the department’s substantial evidence finding.
government and government-controlled enterprises). In that case, a person needs to contact their human resources department, manager, or supervisor. Many employing organizations have specific policies and procedures for reporting sexual harassment (IDHR, 2023c) For those individuals working in the public sector, several agencies and offices handle sexual harassment complaints. For specific details, access the Public Sector Only section at https://shdh.illinois.gov/reporting.html The IDHR has jurisdiction over complaints of sexual harassment in employment, housing, public accommodation, and education. A person may also contact the IDHR at https://shdh.illinois.gov for a list of additional resources for reporting sexual harassment. Figure 1 is the Complainant Information Sheet (CIS) used in the intake process. CIS forms specifically for harassment or discrimination in employment, housing and real estate, financial credit, public accommodation, and sexual harassment in education can be accessed online at https:// dhr.illinois.gov/publications/forms.html and submitted via email to IDHR.Intake@illinois.gov. Note that the CIS form for charges of employment discrimination must be filed within 300 days of the alleged discrimination (IDRH, 2023a). The complete four-page writable pdf form can be viewed at: https://dhr.illinois.gov/content/dam/soi/en/web/dhr/ filingacharge/documents/cis-emp-pa-fc-sh-rev-03-2021-vf. pdf Figure 1: State of Illinois – Department of Human Rights: Complaint Information Sheet
Documentation process The documentation process involves five steps (IDRH, 2023b ): Step 1: Intake . Required documentation must be completed. Step 2: Mediation. Mediation is optional, is an alternative to an investigation, and may quickly resolve a charge. Mediation is a no-cost information process in which the parties involved meet voluntarily with a trained and certified
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