A recent amendment to the Illinois Human Rights Act (the “Act”) introduces the Illinois courts as a new venue for the resolution of charges of discrimination brought under the Act. Presently, when a charge of discrimination is filed, the charge is investigated by the Illinois Department of Human Rights (the “Department”). If the charge has merit or the investigation is not completed within a year of its filing, a complaint is filed by the Department with the Illinois Human Rights Commission (the “Commission”) and the case is heard by an administrative law judge.
Beginning January 1, 2008, complainants may bypass the Commission and elect to file in state court where a jury trial may be requested. Pursuant to the amended Act, a complainant may file a complaint in state court under the following rules:
(1) If the Department dismisses the charge of discrimination for lack of substantial evidence, the complainant will have 90 days to file suit in state court.
(2) If the Department finds substantial evidence of discrimination, the complainant has 14 days to ask the Department to file a complaint on his or her behalf before the Commission or, if no such request is made, the complainant has 90 days to file suit in state court.
(3) If the Department has not completed its investigation and issued a report within 365 days after a charge is filed, the complainant will have 90 days to either file suit in state court or file a complaint with the Commission.
Since many employment attorneys believe the current administrative trial procedure is cumbersome and ineffective, employers should expect that many complainants will elect to have their complaints decided by state court juries. While proceeding in state court will provide employers with discovery not available in administrative trials before the Commission, the potential cost of a jury trial and the possibility of large jury verdicts make it even more important for employers to implement policies and procedures to avoid discrimination claims. Please telephone a member of the firm if you would like to discuss implementing policies and procedures which may prevent discrimination claims.
* * * * *