How to File a Discrimination Complaint in Illinois

How to File a Discrimination Complaint in Illinois

Filing a discrimination complaint in Illinois can seem daunting, but understanding the process can help ensure that your rights are protected. Discrimination can occur in various areas, including employment, housing, and public accommodations. Here’s a step-by-step guide on how to file a discrimination complaint in Illinois.

1. Identify the Type of Discrimination

Before filing a complaint, it's crucial to determine the nature of your discrimination case. In Illinois, discrimination can occur based on factors such as:

  • Race
  • Color
  • Religion
  • National origin
  • Gender
  • Sexual orientation
  • Disability
  • Age

2. Gather Relevant Information

Collect all evidence related to your discrimination claim. This may include:

  • Dates and times of discriminatory incidents
  • Names of individuals involved
  • Emails, messages, or other documentation
  • Witness statements

3. Determine Where to File Your Complaint

In Illinois, you can file a discrimination complaint with either the Illinois Department of Human Rights (IDHR) or the federal Equal Employment Opportunity Commission (EEOC), depending on the nature of your case:

  • IDHR: Ideal for state-based claims and violations of the Illinois Human Rights Act.
  • EEOC: Suitable for federal claims related to employment discrimination.

4. Complete the Complaint Form

If you choose to file with the IDHR, you will need to complete a discrimination complaint form. You can submit this online, by mail, or in person. Ensure that you provide all required information accurately to avoid delays in processing.

For the EEOC, you can fill out their online inquiry form or go to your nearest EEOC office to obtain the necessary forms. Be sure to explain your situation clearly and include all pertinent details.

5. File Your Complaint

Submit your completed complaint form to the appropriate agency. Be mindful of the deadlines—typically, a complaint must be filed within 180 days from the date of the alleged discrimination for the EEOC and within one year for the IDHR.

6. Be Prepared for an Investigation

Once your complaint is filed, the agency will conduct an investigation. This may involve interviews, gathering additional evidence, and/or holding hearings. Be patient as this process can take several months.

7. Review the Agency’s Decision

After the investigation is concluded, the IDHR or EEOC will issue a decision. If they find probable cause, they may try to mediate a settlement between you and the respondent. If they do not find cause, you will receive a dismissal, which allows you to pursue civil action in court.

8. Consider Legal Advice

It may be beneficial to consult with a legal expert specializing in discrimination cases. An attorney can help navigate the complexities of your case, advise you on the best actions to take, and represent you if necessary.

Conclusion

Filing a discrimination complaint is an important step toward seeking justice and accountability. By following the outlined steps, you can effectively navigate the system in Illinois, uphold your rights, and work toward a resolution.