Client Alert - Employment Law Update
Changes to Illinois Human Rights Act Allow Direct Access to Courts and Juries
Illinois Governor Rod Blagojevich recently signed a bill into law amending various aspects of the Illinois Human Rights Act (the IHRA) that relate to the procedures for adjudicating employment discrimination claims, which takes effect January 1, 2008. The most significant change now gives complainants the option of bringing suit and asserting jury demands in state courts, rather than filing administrative complaints with the Illinois Human Rights Commission (the Commission).
Under current law, the Illinois Department of Human Rights investigates claims brought under the IHRA. If the Director of the Department finds substantial evidence of a violation, the Department files a Complaint with the Commission. If the Director does not find substantial evidence of a violation, the complainant may file a request for review with the Chief Legal Counsel of the Department. There is no right to a trial in a state court, and administrative procedures are simplified.
For charges filed after January 1, 2008, however, a complainant will now have the option to file a civil action in state court within 90 days: (1) of a dismissal for lack of substantial evidence by the Department (or seek review by the Commission within 30 days); (2) of a finding by the Department of substantial evidence of a violation (or request that the Commission file a complaint on his behalf within 14 days); or (3) if the Department has not yet completed its investigation within 365 days after a charge is filed (or file a complaint with the Commission).
Unlike the previous procedural framework, the new rules will subject employers to more extensive discovery in state court, a commensurate increase in the cost of defending discrimination claims, and the prospect of defending claims before state court juries and judges that are unfamiliar with employment law. These changes place a renewed emphasis on avoiding discrimination claims, and require new strategic considerations when such cases arise.
If you would like more information about this legislative enactment, implementing effective anti-discrimination policies, or defending discrimination suits, please contact Mr. Gonzalez at 312-558-9779 or at egonzalez@elvisgonzalezltd.com.
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