Illinois Administrative Code Title 4 - DISCRIMINATION PROCEDURES
Illinois Administrative Code
Title 4 — Discrimination Procedures
Overview and Purpose
Title 4 of the Illinois Administrative Code outlines the procedural rules and regulations related to handling discrimination complaints under Illinois law.
These procedures are primarily enforced by agencies such as the Illinois Department of Human Rights (IDHR).
The rules aim to provide a fair, efficient, and accessible process for individuals alleging discrimination in employment, housing, public accommodations, and other areas protected by law.
Key Provisions and Functions
1. Filing Complaints
Specifies who may file a discrimination complaint (individuals, groups, or representatives).
Defines the types of discrimination covered, including but not limited to:
Race, color, religion, sex, national origin, ancestry.
Age, disability, sexual orientation, gender identity.
Marital status, military status, and other protected classes.
Establishes time limits for filing complaints after an alleged discriminatory act (typically within 180 days).
2. Complaint Content and Submission
Complaints must include:
Details of the alleged discriminatory act.
Identification of the respondent (employer, landlord, business, etc.).
Relevant dates and supporting facts.
Complaints are submitted to the IDHR or other designated agency.
3. Investigation Procedures
Upon receipt, complaints undergo an initial review for jurisdiction and sufficiency.
If accepted, an investigation is conducted, which may include:
Interviews with complainant, respondent, and witnesses.
Review of documents and records.
Investigations aim to determine if there is substantial evidence of discrimination.
4. Conciliation and Mediation
The Code encourages the use of conciliation or mediation to resolve complaints without formal hearings.
Both parties may agree to participate in alternative dispute resolution.
Successful conciliation results in a settlement agreement.
5. Determination and Hearings
If conciliation fails or is declined, a determination of probable cause or no probable cause is issued.
A probable cause finding can lead to:
Formal hearings before an administrative law judge.
Possible penalties or remedies.
The process ensures due process rights for both parties.
6. Remedies and Penalties
Remedies may include:
Reinstatement or hiring.
Back pay or damages.
Policy changes or training.
Civil penalties for violations.
The Code outlines the scope of remedies and procedures for enforcement.
7. Appeals
Provides procedures for appealing determinations or decisions.
Appeals may be made to the Commission on Human Rights or appropriate courts.
Timelines and grounds for appeal are specified.
Importance of Title 4 Discrimination Procedures
Protects individuals from unlawful discrimination by providing a structured legal recourse.
Ensures timely and thorough investigations of complaints.
Promotes resolution through dialogue and settlement when possible.
Upholds principles of fairness, transparency, and justice in enforcement of civil rights laws.
Summary Table
| Aspect | Description |
|---|---|
| Complaint Filing | Who can file, what must be included, time limits |
| Investigation | Procedures for reviewing and investigating complaints |
| Conciliation/Mediation | Alternative dispute resolution options |
| Determination | Probable cause findings, formal hearings |
| Remedies | Back pay, reinstatement, damages, policy changes |
| Appeals | Process and timeline for appealing decisions |
RELATED Blog
0 comments