IDHR PROCEDURAL CHANGES

From the Legislature

Reinserts the provisions of the bill with these changes. Requires the Department of Human Rights to notify the parties that the complainant may request a Departmental notice of right to sue when submitting the Equal Employment Opportunity Commission determination after the Department receives notice that a charge was filed with the EEOC. Requires that if the EEOC does not issue a determination or determines that it is unable to establish illegal discrimination, the Department must proceed as follows: if the complainant timely notifies the Department of the EEOC's determination and also requests in writing that the Department issue a Departmental notice of right to sue, then the Department shall issue such notice within 10 business days after the receipt of the EEOC's determination and request from the complainant; but if the complainant does not submit the written request as required when notifying the Department of the EEOC's determination, then the Department must inform the parties, within 10 business days after receipt of the EEOC's determination, that the Department will issue a Departmental notice of right to sue unless the complainant requests in writing within 35 days after receipt that the Department review the EEOC's determination. Provides that if the complainant does file a written request with the Department to review the EEOC's determination, the Department shall review the EEOC's determination and may review any information submitted by the complainant with the written request and any evidence obtained by the EEOC during its investigation. Provides that if the Department receives a written request from the complainant to opt out of the investigation after the 60-day opt-out time period has elapsed, the Department shall process the request as a request for a Departmental notice of right to sue. Provides that if more than 365 days have elapsed after the charge is filed, or any such longer period agreed to in writing by all the parties, the complainant may exercise the complainant's rights to either file a complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court without requesting or obtaining a Departmental notice of right to sue. Makes structural changes. Provides that the changes made to the Section governing procedures by Public Act 104-425 apply to charges pending or filed on or after January 1, 2026.