summary
Introduced
02/05/2026
02/05/2026
In Committee
02/05/2026
02/05/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Illinois Human Rights Act. Provides that for charges alleging violations under the Equal Employment Opportunity Commission or the Illinois Human Rights Act, if the EEOC issues a right to sue, the Department will issue a Departmental right to sue. Provides that if the complainant does not file a written request with the Department to review the EEOC's determination within 35 days after receipt of the Department's notice, the Department shall issue to the complainant, within 10 business days after the expiration of the 35-day period, a Departmental right to sue notice stating that the complainant has the right, within 90 days after receipt of the Department's notice, to either file the complainant's own complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court. Requires the Department, within 10 days of the date on which the charge was filed, to serve a copy of the charge on the respondent and provide all parties with a notice of the complainant's right to opt out of the investigation within 60 days to commence an action in circuit court and the complainant's right to request a Departmental right to sue notice after 60 days has elapsed to file in the Human Rights Commission or commence a civil action in circuit court. Provides that within 10 business days of receipt of the complainant's request to opt out of the investigation, the Director shall issue an opt out notice to commence an action in circuit court to the parties. Provides that a Departmental right to sue notice does not constitute a finding of substantial evidence or of a lack of substantial evidence. Requires that any Departmental right to sue notice to state that the complainant shall have 90 days from the date of receipt of the notice to either file the complainant's own complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court.
AI Summary
This bill amends the Illinois Human Rights Act to streamline the process for individuals who have filed a charge with the Equal Employment Opportunity Commission (EEOC) and are seeking to pursue their case in court or with the Illinois Human Rights Commission. Specifically, if the EEOC issues a "right to sue" notice, meaning the federal agency has completed its review and allows the individual to proceed with legal action, the Illinois Department of Human Rights (IDHR) will now issue its own "Departmental right to sue" notice. If the complainant, the person who filed the charge, does not request the IDHR to review the EEOC's decision within 35 days of receiving the IDHR's notice, the IDHR will automatically issue this Departmental right to sue notice. This notice informs the complainant that they have 90 days to file their own complaint with the Human Rights Commission or initiate a lawsuit in court. The bill also clarifies that the IDHR must serve a copy of the charge on the respondent (the party accused of discrimination) within 10 days of it being filed and inform both parties of the complainant's right to opt out of the IDHR's investigation to immediately pursue a court action, or to request a Departmental right to sue notice after 60 days have passed. Importantly, a Departmental right to sue notice does not mean the IDHR has found evidence of discrimination or a lack thereof; it simply signifies that the complainant can now pursue their case through the legal system.
Sponsors (1)
Last Action
Referred to Assignments (on 02/05/2026)
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