Sexual Harassment Article on New Amendment To Human Rights Act
Amendment to the Illinois Human Rights Act opens the door to civil suits
On August 13, 2007, Illinois Governor Blagojevich signed into law H.B. 1509, an amendment to the Illinois Human Rights Act (IHRA) which is effective on January 1, 2008. This amendment gives complainants the option to file a civil action in state circuit court rather than filing a complaint with the Illinois Human Rights Commission ("IHRC"), which is currently the only option. The amendment brings Illinois in line with both the federal system and the 38 other states that have adopted similar procedures.
Law Before the Changes
Alleged violations of the IHRA are administrative matters addressed by the Illinois Department of Human Rights ("IDHR") and the IHRC. The Director of the IHRC first determines whether or not substantial evidence of a violation exists by conducting a fact-finding conference and investigation. If, after the fact-finding conference and investigation, the Director does not find substantial evidence, the complainant may file a request for review by the Chief Legal Counsel of the IHRC. If the IHRC determines that there was substantial evidence, either initially or upon a request for review, and the parties are unable to reach a settlement, then the IHRC files a formal complaint with the IDHR on the complainant's behalf.
New Law after Changes
As of January 1, 2008, complainants will have the added option of pursuing a civil action in the circuit court in the county where the alleged violation occurred, rather than proceeding before the IDHR. The key components of the new law are:
1. If the Director of the IDHR files a dismissal order based on a lack of substantial evidence determination of a violation, the complainant will have the right to either seek review of the dismissal order with the IDHR or file a civil action in circuit court.
a. if the complainant decides to seek review with the IDHR, a request must be filed within 30 days after receipt of the IDHR Director's notice of dismissal and the complainant is barred from later filing a civil action.
b. if the complainant decides to file a civil action, it must be filed within 90 days after the receipt of the IDHR's Director's notice of dismissal.
2. If substantial evidence of a violation is determined by the IDHR Director, the complainant has the right to file a civil action in circuit court or request that the IHRC file a complaint with the IDHR.
a. Any circuit court complaint must be filed within 90 days after receipt of the Director's notice.
3. If the IHRC doesn't issue a determination of whether there is substantial evidence of a civil rights violation within 365 days after the charge is filed, the complainant has 90 days to either file a complaint with the IDHR or commence a civil action in circuit court.
Contact attorney Peter LaSorsa to discuss your potential sexual harassment case. 309-712-1145
1. If the Director of the IDHR files a dismissal order based on a lack of substantial evidence determination of a violation, the complainant will have the right to either seek review of the dismissal order with the IDHR or file a civil action in circuit court.
a. if the complainant decides to seek review with the IDHR, a request must be filed within 30 days after receipt of the IDHR Director's notice of dismissal and the complainant is barred from later filing a civil action.
b. if the complainant decides to file a civil action, it must be filed within 90 days after the receipt of the IDHR's Director's notice of dismissal.
2. If substantial evidence of a violation is determined by the IDHR Director, the complainant has the right to file a civil action in circuit court or request that the IHRC file a complaint with the IDHR.
a. Any circuit court complaint must be filed within 90 days after receipt of the Director's notice.
3. If the IHRC doesn't issue a determination of whether there is substantial evidence of a civil rights violation within 365 days after the charge is filed, the complainant has 90 days to either file a complaint with the IDHR or commence a civil action in circuit court.
Contact attorney Peter LaSorsa to discuss your potential sexual harassment case. 309-712-1145