FEPA Discrimination Charge and Right-to-Sue Procedure — Illinois

FEPA Discrimination Charge and Right-to-Sue Procedure (Illinois)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

TO: [________________________________] (Complainant)
FROM: [________________________________] (Attorney)
DATE: [__/__/____]
RE: Eligibility to File IDHR Charge of Discrimination — Illinois Human Rights Act

1. Threshold Eligibility Questions

2. Substantive Analysis

a. Protected Class. Complainant is a member of the following protected class(es) under 775 ILCS 5/1-103(Q) and 5/2-102: [________________________________].

b. Adverse Employment Action. Complainant suffered the following adverse action: [________________________________].

c. Causal Connection / Evidence of Discrimination.

[____________________________________________________________]

d. Damages Snapshot. Lost wages to date: $[__________]. Estimated emotional distress: [________________________________]. Attorneys' fees and costs are recoverable under 775 ILCS 5/8A-104(G).

3. Strategic Recommendation

☐ File charge directly with IDHR
☐ File charge with EEOC and dual-file with IDHR
☐ File charge, then opt out of IDHR investigation within 60 days to proceed in circuit court
☐ Decline representation — claim untimely or otherwise non-viable

Recommended Action: [________________________________]

Part B — Charge of Discrimination (IDHR Filing)

ILLINOIS DEPARTMENT OF HUMAN RIGHTS
CHARGE OF DISCRIMINATION

Basis of Discrimination (check all that apply)

☐ Race
☐ Color
☐ Religion
☐ Sex
☐ Sexual harassment
☐ Sexual orientation
☐ Gender identity
☐ Pregnancy
☐ National origin / ancestry
☐ Age (40+)
☐ Disability
☐ Marital status
☐ Military status
☐ Order of protection status
☐ Arrest record
☐ Conviction record
☐ Citizenship status / work authorization
☐ Reproductive health decisions
☐ Retaliation
☐ Other: [________________________________]

Particulars (Narrative Statement)

I, [________________________________], being first duly sworn upon oath, depose and state:

1. I am a member of the protected class(es) checked above. Specifically: [________________________________].

2. I was employed by Respondent as [________________________________] from [__/__/____] until [__/__/____] (or, if still employed: "to the present").

3. Discriminatory Acts. On or about [__/__/____], Respondent took the following adverse action(s) against me: [____________________________________________________________].

4. Comparators / Evidence of Discrimination. Similarly situated employees outside my protected class were treated more favorably as follows: [____________________________________________________________].

5. Direct Evidence. [Name/title] made the following statement(s) reflecting discriminatory animus: [________________________________].

6. Internal Complaints. I [☐ did ☐ did not] complain internally. Details: [________________________________].

7. Retaliation (if applicable). After I [opposed discrimination / filed an internal complaint / participated in an investigation] on [__/__/____], Respondent retaliated by [________________________________].

8. I believe I was discriminated against because of my [protected class] in violation of the Illinois Human Rights Act, 775 ILCS 5/2-102, and (where applicable) Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and/or the Age Discrimination in Employment Act.

Verification (notarized):

I declare under penalty of perjury under the laws of the State of Illinois that the foregoing is true and correct.

Signed: ______________________________ Date: [__/__/____]

State of Illinois, County of [____________] ss.
Subscribed and sworn to before me this ____ day of __________, 20__.
______________________________
Notary Public

Part C — Right-to-Sue / Opt-Out Demand Letter

[Date]

Illinois Department of Human Rights
Attn: Intake / Charge Processing
100 W. Randolph Street, Suite 10-100
Chicago, IL 60601

Via Certified Mail, Return Receipt Requested, and via IDHR portal

Re: Notice of Opt-Out from IDHR Investigation and Request for Notice of Right to Sue
Charge No.: [____________]
Complainant: [________________________________]
Respondent: [________________________________]

Dear IDHR Charge Processing:

Pursuant to 775 ILCS 5/7A-102(C-1), I hereby submit timely written notice of my election to opt out of the IDHR investigation of the above-referenced charge. This notice is submitted within 60 days of my receipt of the IDHR opt-out notice dated [__/__/____].

I respectfully request that the Director issue, within 10 business days, the opt-out notice described in 775 ILCS 5/7A-102(C-1), stating that the investigation has closed and that I have 90 days after receipt to commence an action.

Please serve the statutory opt-out notice on the parties at the addresses on file and confirm administrative closure of the investigation.

Sincerely,

______________________________
[Complainant Name]
[Address]
[Phone] | [Email]

cc: [Respondent / Respondent's counsel]

Part D — Pre-Suit Civil Complaint (Template)

IN THE CIRCUIT COURT OF [____________] COUNTY, ILLINOIS
[____________] JUDICIAL CIRCUIT

Case No.: [____________]

COMPLAINT FOR EMPLOYMENT DISCRIMINATION UNDER THE ILLINOIS HUMAN RIGHTS ACT

NOW COMES Plaintiff, [________________________________], by and through undersigned counsel, and for Plaintiff's Complaint against Defendant [________________________________], states as follows:

I. Parties, Jurisdiction, and Venue

1. Plaintiff is a resident of [____________] County, Illinois.

2. Defendant is [a corporation / partnership / LLC] organized under the laws of [State] and doing business in [____________] County, Illinois.

3. Defendant is an "employer" within the meaning of 775 ILCS 5/2-101(B)(1) because it employs [____] or more employees in Illinois.

4. This action follows the opt-out route in 775 ILCS 5/7A-102(C-1), and 775 ILCS 5/8-111(A) governs the circuit-court proceeding.

5. Venue is proper under 775 ILCS 5/8-111(A)(1) because the alleged civil rights violation occurred in [____________] County.

II. Administrative Exhaustion

6. On [__/__/____], Plaintiff timely filed Charge No. [____________] with the Illinois Department of Human Rights ("IDHR") within 2 years after the alleged civil rights violation under current 775 ILCS 5/7A-102(A)(1).

7. On [__/__/____], Plaintiff opted out of the IDHR investigation pursuant to 775 ILCS 5/7A-102(C-1).

8. On [__/__/____], IDHR issued a Notice of Right to Sue, attached as Exhibit A.

9. This Complaint is filed within 90 days of Plaintiff's receipt of the Notice of Right to Sue.

III. Factual Allegations

10. [____________________________________________________________]

11. [____________________________________________________________]

12. [____________________________________________________________]

IV. Count I — Discrimination in Violation of the Illinois Human Rights Act (775 ILCS 5/2-102)

13. Plaintiff incorporates paragraphs 1 through 12.

14. Defendant subjected Plaintiff to discrimination on the basis of [protected class] in violation of 775 ILCS 5/2-102.

15. As a direct and proximate result, Plaintiff suffered lost wages and benefits, emotional distress, humiliation, and damage to professional reputation.

V. Count II — Retaliation (775 ILCS 5/6-101(A)) [if applicable]

16. Plaintiff incorporates paragraphs 1 through 15.

17. Plaintiff engaged in protected activity by [________________________________].

18. Defendant retaliated against Plaintiff by [________________________________].

VI. Prayer for Relief

WHEREFORE, Plaintiff prays for judgment against Defendant for:

a. Back pay, front pay, and lost benefits;
b. Compensatory damages for emotional distress and reputational harm;
c. The actual, make-whole, equitable, fee, cost, and civil-penalty relief authorized by the selected IHRA route; punitive damages are not attributed to § 8A-104;
d. Reinstatement or, in lieu thereof, front pay;
e. Reasonable attorneys' fees and costs under 775 ILCS 5/8A-104(G);
f. Pre-judgment and post-judgment interest;
g. Injunctive and equitable relief; and
h. Such other relief as the Court deems just and proper.

PLAINTIFF DEMANDS TRIAL BY JURY ON ALL ISSUES SO TRIABLE.

Respectfully submitted,

______________________________
[Attorney Name], ARDC No. [____________]
[Firm Name]
[Address]
[Phone] | [Email]
Attorney for Plaintiff

Part E — Pre-Filing Checklist

☐ Calendar the current 2-year IDHR filing deadline under § 7A-102(A)(1), separately from any federal deadline
☐ Confirm employer headcount meets IHRA coverage (1+ for sexual harassment; 15+ for other)
☐ Identify all protected classes implicated under 775 ILCS 5/2-102
☐ Preserve all documentary evidence (emails, texts, performance reviews, pay records)
☐ Identify and contact comparator witnesses
☐ Verify whether internal complaint procedures were exhausted
☐ Determine dual-filing strategy with EEOC (Title VII / ADA / ADEA overlap)
☐ Draft and notarize IDHR charge / EEOC Form 5
☐ File via IDHR online portal or in person at Chicago, Springfield, or Marion office
☐ Retain proof of filing (date-stamped receipt, certified mail return)
☐ Calendar 60-day opt-out window after IDHR opt-out notice
☐ Calendar 90-day circuit-court filing window after Notice of Right to Sue
☐ Issue litigation hold letter to client and demand preservation letter to employer
☐ Evaluate damages, including Title VII statutory caps if dual-filed
☐ Confirm venue under 775 ILCS 5/8-111(A)(1)
☐ Prepare jury demand
☐ Confirm attorney-fee provision under 775 ILCS 5/8A-104(G)

Sources and References

• Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.: https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266
• 775 ILCS 5/7A-102 (Procedures): https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K7A-102.htm
• Illinois Department of Human Rights: https://dhr.illinois.gov/
• IDHR Complainant Information Sheet and Charge Filing: https://dhr.illinois.gov/filing-a-charge.html
• Illinois Human Rights Commission: https://hrc.illinois.gov/
• EEOC — How to File a Charge: https://www.eeoc.gov/how-file-charge-employment-discrimination
• EEOC-IDHR Worksharing Agreement: https://www.eeoc.gov/employers/state-and-local-agencies
• Zaderaka v. Ill. Human Rights Comm'n, 131 Ill. 2d 172 (1989) (McDonnell Douglas adopted in Illinois)
• P.A. 103-973 (effective January 1, 2025) — changed the state charge period from 300 days to 2 years
• P.A. 104-425 (effective January 1, 2026) — current procedural amendments