For Employees
Illinois Human Rights Commission Attorney
If you experienced workplace discrimination, harassment, or retaliation in Illinois, you have two years to file a charge with the IDHR — and a formal path to justice before the IHRC. We guide employees through every step.
The Five-Step Process
How the IDHR and IHRC Process Works
What Is the Illinois Human Rights Commission?
The Illinois Human Rights Commission (IHRC) is an independent state agency that acts as an administrative court for employment discrimination cases. It is separate from the Illinois Department of Human Rights (IDHR), which investigates charges. Understanding the distinction between the two is essential to protecting your rights.
Think of it as a two-step system. First, you file a charge with the IDHR, which investigates your complaint and decides whether there is substantial evidence of discrimination. If the IDHR does not resolve your case, it is transferred to the IHRC, which conducts formal administrative hearings presided over by an administrative law judge. The IHRC can order significant remedies if you prevail.
Unlike the EEOC, the IHRC process stays in Illinois — but if you also want to preserve your federal claims under Title VII, the ADA, or the ADEA, you must separately file with the EEOC within 300 days. Our attorneys manage both tracks simultaneously.
Each Step of the Process
1 File a Charge with the IDHR
You submit a written charge of discrimination to the Illinois Department of Human Rights. Under current Illinois law, you have two years from the date of the discriminatory act to file — a significant expansion of the prior 300-day window.
If you also want to preserve your federal claims under Title VII, the ADA, the ADEA, or the FMLA, you must separately file with the EEOC within 300 days. Filing with the IDHR is not the same as filing with the EEOC, and letting the federal deadline pass can permanently eliminate your federal claims.
2 IDHR Investigation
The IDHR investigates your charge by gathering evidence from both sides. As of 2026, fact-finding conferences are no longer automatic — they occur only if both parties request one in writing within 90 days of filing. If requested, the investigation extends by an additional 120 days.
The investigation typically takes several months to over a year. The IDHR is a neutral investigator — it does not represent you, which is why having experienced legal counsel from the outset matters.
3 IDHR Finding or Transfer to IHRC
If the IDHR finds substantial evidence of discrimination, the case may proceed to the IHRC for a formal hearing. If the IDHR dismisses your charge, you can still request a review before an IHRC administrative law judge.
You also have the option to bypass the IDHR investigation entirely and file directly in Illinois circuit court — a strategic choice we evaluate with each client based on the facts and available remedies.
4 IHRC Hearing
An administrative law judge presides over the hearing, similar to a trial. Both parties present evidence, submit exhibits, and examine witnesses. This is a formal legal proceeding — not an informal mediation.
Neither the IDHR nor the IHRC represents you. Employees who appear without an attorney are at a serious disadvantage against employers who almost always have legal counsel. Having an experienced employment attorney at this stage can make all the difference in the outcome.
5 Decision and Remedies
If the administrative law judge finds in your favor, the IHRC enters a final order requiring your employer to remedy the violation. Either party may appeal to the Illinois Appellate Court.
Many cases resolve through settlement before a hearing — and having an attorney who is fully prepared to go to hearing gives you substantially more leverage at the negotiating table.
Illinois Human Rights Act
Who Is Protected Under the IHRA?
The IHRA applies to employers with as few as one employee — far broader than the 15-employee federal minimum — and protects a wider range of characteristics.
Your Filing Deadline: Two Years Under Illinois Law
Illinois law gives you two years from the date of the discriminatory act to file a charge with the IDHR — one of the most employee-friendly filing windows in the country. This was extended from the previous 300-day deadline.
However, if you want to preserve your rights under federal law — Title VII, the ADA, the ADEA — you must still file with the EEOC within 300 days. Filing with the IDHR is not the same as filing with the EEOC, and letting the federal deadline pass permanently eliminates your federal claims. If you are unsure which deadline applies, contact us immediately.
Illinois (IDHR)
2 Years
from the discriminatory act
Federal (EEOC)
300 Days
from the discriminatory act
IHRC vs. EEOC: Key Differences
| Factor | IDHR / IHRC (Illinois) | EEOC (Federal) |
|---|---|---|
| Filing Deadline | 2 years from discriminatory act | 300 days from discriminatory act |
| Employer Size | As few as 1 employee (varies by claim) | 15+ (Title VII, ADA); 20+ (ADEA) |
| Punitive Damages | Not available under IHRA | Available under Title VII (capped by employer size) |
| Civil Penalties | Up to $70,000 (repeat violations) | Not separately assessed |
| Protected Classes | Broader — includes sexual orientation, gender identity, marital status, citizenship status, and more | Narrower — race, color, sex, religion, national origin, disability, age, pregnancy |
| Right to Sue | Administrative hearing before IHRC; circuit court option | Right-to-sue letter from EEOC; then federal district court |
In many cases, filing with both the IDHR and the EEOC is the right approach. Our attorneys assess your situation and pursue every avenue available to maximize your recovery.
If You Prevail
What You Can Win at the IHRC
💰 Back Pay
Wages and benefits lost from the date of the discriminatory act through the date of the order.
📈 Front Pay
Future lost earnings when reinstatement is not feasible or practical.
🏢 Reinstatement
Return to your position or a comparable one, with seniority and benefits restored.
🧠 Emotional Distress Damages
Compensation for pain, suffering, and psychological harm caused by the discrimination.
📁 Personnel File Clearing
Removal of discriminatory or retaliatory records from your employment file.
⚖️ Attorney’s Fees
Your legal costs paid by the employer if you prevail at hearing.
Note: Punitive damages are not available under the Illinois Human Rights Act. However, the IHRC can impose separate civil penalties of up to $70,000 for repeat violations, and we file in federal court when punitive damages are available and appropriate.
Important 2026 Changes to IDHR and IHRC Procedures
Several significant procedural changes are in effect as of 2026. If you filed or are considering filing a charge, these updates directly affect your case.
Two-Year Filing Deadline
Employees now have two full years to file with the IDHR, up from 300 days. This gives employees substantially more time to consult an attorney before deciding whether to file.
Fact-Finding Conferences Are No Longer Automatic
Conferences now occur only if both parties request them in writing within 90 days of filing. If requested, the IDHR investigation extends by an additional 120 days. This change affects settlement timing and case strategy.
Expanded Civil Penalties
The IHRC can now impose civil penalties of up to $16,000 for a first violation, $42,500 for a second violation within 5 years, and $70,000 for repeat violations within 7 years. These penalties are assessed in addition to any compensation awarded to the employee.
Cramer Law Group
How We Handle IHRC Cases
At Cramer Law Group, Amy Cramer has spent her career representing employees in Chicago and throughout Illinois in workplace discrimination, harassment, and retaliation cases — including IDHR and IHRC proceedings. Our approach is straightforward: we move quickly, we document everything, and we build the strongest possible case from the day you call us.
We handle every step of the process — preparing and filing your IDHR charge, responding to the IDHR investigation, requesting dual filings with the EEOC where appropriate, representing you at fact-finding conferences, presenting your case at IHRC hearings before the administrative law judge, pursuing all available remedies, and appealing to the Illinois Appellate Court when necessary.
We take most cases on a contingency basis — you pay nothing unless we win.
Frequently Asked Questions
How long do I have to file an IHRC complaint in Illinois?
You have two years from the date of the discriminatory act to file a charge with the Illinois Department of Human Rights. The federal EEOC deadline is 300 days, so if you want to preserve federal claims, both deadlines must be met. Both can run simultaneously — speaking with an attorney as soon as possible is important.
Is an attorney required to file an IHRC complaint?
You are not legally required to have an attorney to file with the IDHR. However, the IDHR does not represent you — it is a neutral investigator. IHRC hearings involve formal proceedings with evidence, witness examination, and legal argument. Employees without representation are at a significant disadvantage. Cramer Law Group offers a free initial consultation.
Can I file with both the IDHR and the EEOC?
Yes — and in many cases, you should. The IDHR and EEOC have a work-sharing agreement, but you should explicitly request dual-filing to preserve all your federal rights, particularly when punitive damages or specific federal protections are at stake.
What is the difference between the IDHR and the IHRC?
The Illinois Department of Human Rights (IDHR) investigates charges of discrimination. The Illinois Human Rights Commission (IHRC) is a separate agency that functions as an administrative court. Once your case proceeds past the investigation stage, it transfers to the IHRC for a formal hearing before an administrative law judge.
Can I get punitive damages through the IHRC?
No. Punitive damages are not available under the Illinois Human Rights Act. The IHRC can award back pay, front pay, emotional distress damages, reinstatement, and attorney’s fees. It can also assess civil penalties against the employer of up to $70,000 for repeat violations. If punitive damages are a priority, we assess whether your claims can be pursued in federal court.
How long does the IHRC process take?
The IDHR investigation alone can take 12 to 18 months or longer. A full IHRC hearing process from filing to final decision may take two to three years or more. Many cases resolve through settlement before reaching a hearing — having an experienced attorney from the start improves your odds at every stage.
