The Human Rights Act of Illinois ( "the Act") prohibits discrimination against workers on grounds of race, color, religion, sex, disability, national origin, marital status, sexual orientation and military status. The Illinois Department of Human Rights ( "IDHR") and the Human Rights Commission Illinois (the "Commission") are the state administrative bodies traditionally responsible for enforcing the law. In recent years, employees course is limited to a single administrative action by filing a charge with the IDHR, which will investigate the allegation and determine whether there was evidence substantial support it. When he found substantial evidence, a complaint was filed and litigated solely before an ALJ of the Commission. Claims without substantial evidence would be dismissed. However, 2008 amendments to the Act have given employees a new forum: Circuit Court of Illinois.
Although allegations of discrimination which still must be initially filed with the IDHR, employees now have the opportunity to demand jury trials in state court, whether the IDHR finds substantial evidence of discrimination. There are several circumstances in which employees can file in state court. The first circumstance is the expiration of the 365-day period in which the IDHR must complete its investigation and issue its report. Unless the parties agree to an extension of the deadline, the employee has 90 days after the one year period expires to file its complaint in the Circuit Courts. A complaint may also be made by notice to an officer for IDHR research findings. Thus, if the IDHR dismisses a charge for lack of evidence, the applicant may still choose to file a complaint circuit court within 90 days of dismissal. Also, the worker can also choose to file a complaint in circuit court within 90 days of the conclusion that there is substantial evidence of a violation.
Perhaps the most important effect of the amendments is the employee's right to a jury trial. Awards the Commission has traditionally been a bit miserable, convincing most of the employees to continue the action in Federal District Court under Title VII of the Act Civil Rights, whenever possible. It is no secret that juries in many Illinois counties have been consistently favorable to the plaintiff – much more, such time that the Commission and the Federal District Courts. The tendency of federal judges to dispose of the Title VII claims on summary conviction also makes the choice of the state court proceedings even more attractive for employees and their lawyers.
Despite amendments to the law was made almost two years, courts circuit have had little opportunity to feel its effects. Before the amendments, labor disputes took place largely in the federal courts or before the Commission. Consequently, judges in state courts applying the Act establishes new precedent without guidance from their predecessors, making the new system somewhat unpredictable.
With the potential for jury awards larger and less risk of losing the summary trial, many employees chose to increase discrimination claims working with the IDHR and proceed to state court under the IHRA, instead of relying on the EEOC proceedings and subsequent federal court action under Title VII. What are employers to do? The largest employers are accustomed to litigation in the federal system must prepare for change and familiarize themselves with the law. Similarly, employers with fewer than 15 employees who are already familiar with the IHRA must be willing to engage in litigation that is longer and more expensive than road typical administrative action. More importantly, all employers should be aware that allegations of discrimination can be resolved at any time during an investigation. Consequently, employers must assess the strengths and weaknesses of your defense at an early stage so that any possible solution could be reached before a complaint in state court.
Jennifer L. Morris
Quinn, Johnston, Henderson Pretorius & Cerulo
Peoria, IL Office
309.674.1133
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