Illinois Department of Human Rights (IDHR) Charge of Discrimination

CHARGE OF DISCRIMINATION — ILLINOIS DEPARTMENT OF HUMAN RIGHTS

TABLE OF CONTENTS

1. Cover and Filing Information
2. Charge of Discrimination
3. Particulars / Statement of Facts
4. Statement of Harm and Relief Requested
5. Verification
6. Designation of Counsel and Service Information
7. Election to Cross-File with the EEOC
8. Notice of Preservation Demand to Respondent
9. Illinois Practice Notes
10. Sources and References

1. COVER AND FILING INFORMATION

ILLINOIS DEPARTMENT OF HUMAN RIGHTS

Intake Unit, Charge Processing Division

555 West Monroe Street, 7th Floor

Chicago, Illinois 60661

Telephone: (312) 814-6200 | TTY: (866) 740-3953

Springfield Office: 535 W. Jefferson Street, 1st Floor, Springfield, IL 62702 | (217) 785-5100

Marion Office: 2309 W. Main Street, Suite 112, Marion, IL 62959 | (618) 993-7463

Online filing: https://dhr.illinois.gov/filing-a-charge.html

2. CHARGE OF DISCRIMINATION

I, [COMPLAINANT NAME] ("Complainant"), being duly sworn, file this Charge of Discrimination against [RESPONDENT NAME] ("Respondent") under the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., and the Rules and Regulations of the Illinois Department of Human Rights, 56 Ill. Adm. Code 2520, and allege as follows:

2.1 Basis of Discrimination (check all that apply)

☐ Race / Color (775 ILCS 5/1-103(Q); 5/2-102)

☐ Religion / Creed

☐ National Origin / Ancestry

☐ Sex (including pregnancy and childbirth)

☐ Sexual Orientation (including gender-related identity and expression) — 775 ILCS 5/1-103(O-1)

☐ Age (40 and over)

☐ Marital Status

☐ Order of Protection Status

☐ Disability (775 ILCS 5/1-103(I); 5/2-102(A); reasonable accommodation under 5/2-102(D))

☐ Military Status (current or former service member)

☐ Unfavorable Military Discharge

☐ Citizenship Status / Work Authorization Status

☐ Arrest Record (775 ILCS 5/2-103)

☐ Conviction Record (775 ILCS 5/2-103.1)

☐ Pregnancy

☐ Reproductive Health Decisions

☐ Family Responsibilities (eff. 1/1/2025)

☐ Retaliation (775 ILCS 5/6-101) — for opposing discriminatory practice or participating in protected proceeding

☐ Aiding/Abetting/Coercion (775 ILCS 5/6-101(B))

☐ Sexual Harassment (775 ILCS 5/2-101(E))

☐ Other: [____________________________]

2.2 Type of Adverse Action (check all that apply)

☐ Failure to Hire

☐ Discharge / Termination / Constructive Discharge

☐ Demotion

☐ Failure to Promote

☐ Pay / Compensation Disparity

☐ Denial of Benefits

☐ Discipline / Reprimand / Suspension

☐ Harassment / Hostile Work Environment

☐ Failure to Accommodate (Disability / Religion / Pregnancy)

☐ Retaliatory Discharge / Action

☐ Denial of Public Accommodation (775 ILCS 5/5-102)

☐ Housing Discrimination (775 ILCS 5/3-102)

☐ Credit / Financial Discrimination (775 ILCS 5/4-101)

☐ Education Discrimination (775 ILCS 5/5A-102)

☐ Other: [____________________________]

2.3 Date(s) of Alleged Discrimination

• Earliest date of discriminatory conduct: [__/__/____]
• Most recent / continuing-violation date: [__/__/____]
• Continuing violation alleged? ☐ Yes ☐ No
• This Charge is filed within two (2) years of the most recent alleged civil rights violation as required by 775 ILCS 5/7A-102(A-1) (effective 1/1/2025 per P.A. 103-0890). [For violations occurring before 1/1/2025, the prior 300-day deadline applies.]

3. PARTICULARS / STATEMENT OF FACTS

3.1. Complainant's Protected Status. Complainant is [describe protected status — e.g., "an African American woman over the age of 40 with a documented disability under 775 ILCS 5/1-103(I)"].

3.2. Employment Background. Complainant began employment with Respondent on or about [DATE] as a [POSITION/TITLE]. Throughout employment, Complainant performed at or above Respondent's legitimate expectations, evidenced by [performance evaluations / awards / promotions / raises].

3.3. Respondent's Coverage. Respondent is an "employer" within the meaning of 775 ILCS 5/2-101(B)(1) because Respondent employs one (1) or more employees in Illinois during 20 or more calendar weeks in the calendar year of or preceding the alleged violation. [Or: Respondent is a unit of state or local government covered without regard to employee count per 775 ILCS 5/2-101(B)(1)(b).]

3.4. Specific Discriminatory Acts. [NARRATIVE — Describe each incident in chronological order, with dates, names, titles, locations, and verbatim quotes where available. Identify decision-makers and corroborating witnesses. Address the following elements as applicable:]

• (a) Direct evidence: [discriminatory comments, written communications, policies]
• (b) Disparate treatment: [similarly situated comparators outside protected class who were treated more favorably, identified by name, position, and circumstance]
• (c) Disparate impact (if applicable): [facially neutral policy or practice with statistically disproportionate effect on protected class]
• (d) Failure to accommodate (disability / religion / pregnancy): [date of accommodation request; what was requested; Respondent's response; impact]
• (e) Hostile work environment: [frequency, severity, and pervasiveness of conduct; whether physically threatening or humiliating; interference with work performance]

3.5. Protected Activity (for retaliation claims). On [DATE(S)], Complainant engaged in protected activity under 775 ILCS 5/6-101 by [describe — internal HR complaint, EEOC/IDHR charge, accommodation request, opposition to discriminatory practice]. Respondent's decision-makers, including [NAMES], were aware of the protected activity.

3.6. Adverse Action. On [DATE], Respondent took the following materially adverse action against Complainant: [describe]. The reasons given by Respondent were [stated reason(s)], which are pretextual because [explain — shifting reasons, comparator evidence, deviation from policy, temporal proximity, etc.].

3.7. Causal Connection. A causal connection exists between Complainant's protected status / protected activity and Respondent's adverse action, as evidenced by:

• [Temporal proximity — describe gap between protected activity and adverse action]
• [Pattern of treatment — describe]
• [Direct evidence — describe]
• [Comparator evidence — describe]

3.8. Witnesses. The following individuals have knowledge of the matters alleged:

3.9. Documentary Evidence. Complainant possesses or has access to the following documents supporting this Charge: [list — emails, text messages, performance reviews, HR records, written warnings, social media posts, recordings (subject to Illinois Eavesdropping Act, 720 ILCS 5/14-2)].

4. STATEMENT OF HARM AND RELIEF REQUESTED

4.1. Harm Suffered. As a direct and proximate result of Respondent's discriminatory conduct, Complainant has suffered:

• Lost wages and benefits totaling approximately $[AMOUNT] to date;
• Loss of future earning capacity;
• Loss of health-insurance, retirement, and other employment benefits;
• Emotional distress, humiliation, and damage to professional reputation;
• Out-of-pocket job-search and medical expenses; and
• Other consequential damages to be proven during the investigation.

4.2. Relief Requested. Complainant requests that the IDHR:

• ☐ Investigate this Charge and issue a finding of substantial evidence of a civil rights violation;
• ☐ Refer the matter to the Illinois Human Rights Commission for hearing and adjudication if conciliation fails;
• ☐ Order Respondent to cease and desist from further unlawful conduct;
• ☐ Order Respondent to reinstate Complainant with full seniority and benefits;
• ☐ Order back pay, front pay, and lost benefits;
• ☐ Order compensatory damages for emotional distress and out-of-pocket loss;
• ☐ Order training, policy reforms, and posting of notices;
• ☐ Award attorney's fees and costs under 775 ILCS 5/8A-104(G);
• ☐ Issue a Notice of Right to Sue if substantial evidence is found and Complainant elects to proceed in circuit court (775 ILCS 5/7A-102(D)(3)–(4)); and
• ☐ Such other relief as is just and proper under the IHRA.

5. VERIFICATION

I, [COMPLAINANT NAME], being first duly sworn upon oath, depose and state that I have read the foregoing Charge of Discrimination and supporting Particulars, that I know the contents thereof, and that the statements made therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]

[COMPLAINANT NAME]

Date: [__/__/____]

STATE OF ILLINOIS

COUNTY OF [____________]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [__/__/____])

6. DESIGNATION OF COUNSEL AND SERVICE INFORMATION

Complainant designates the following attorney as counsel of record for purposes of this Charge and any subsequent IDHR / IHRC proceedings or circuit-court action:

All notices, orders, and correspondence concerning this Charge should be served on undersigned counsel in addition to Complainant.

7. ELECTION TO CROSS-FILE WITH THE EEOC

☐ Complainant elects to cross-file this Charge with the U.S. Equal Employment Opportunity Commission ("EEOC") pursuant to the IDHR–EEOC Worksharing Agreement and 29 C.F.R. § 1601.13 to preserve all federal rights under Title VII (42 U.S.C. § 2000e et seq.), the ADA (42 U.S.C. § 12101 et seq.), the ADEA (29 U.S.C. § 621 et seq.), GINA (42 U.S.C. § 2000ff et seq.), and the Equal Pay Act (29 U.S.C. § 206(d)).

EEOC Chicago District Office:

230 South Dearborn Street, Suite 1866, Chicago, IL 60604 | (800) 669-4000

8. NOTICE OF PRESERVATION DEMAND TO RESPONDENT

Pursuant to applicable law and pending investigation by the IDHR, Complainant demands that Respondent and its officers, agents, and employees preserve all documents, electronically stored information, and tangible things relevant to this Charge, including but not limited to:

• Personnel files of Complainant and identified comparators;
• Performance evaluations, disciplinary records, and HR investigation files;
• Email, text-message, instant-messaging, and Slack/Teams communications among decision-makers concerning Complainant or the protected class at issue;
• Recruitment, hiring, promotion, compensation, termination, and accommodation records;
• Anti-discrimination, anti-harassment, and accommodation policies and training materials;
• Any AI / algorithmic tools used in employment decisions affecting Complainant (preserve model versions, inputs, outputs, vendor agreements; cf. 775 ILCS 5/2-102(L), eff. 1/1/2026);
• Surveillance video, badge-access logs, and timekeeping records relevant to the alleged conduct;
• Any communications referencing Complainant's protected status, protected activity, or this Charge.

Failure to preserve may give rise to spoliation sanctions under Illinois Supreme Court Rule 219 and adverse-inference instructions.

9. ILLINOIS PRACTICE NOTES

• Filing methods. Charges may be filed (1) online at https://dhr.illinois.gov/filing-a-charge.html, (2) by mail or in person at the Chicago, Springfield, or Marion offices, or (3) by completing IDHR's Complainant Information Sheet (CIS), after which IDHR drafts the charge for Complainant's verification. Online filing is preferred for tracking and confirmation receipt.
• 2-year statute of limitations. Effective 1/1/2025 (P.A. 103-0890, SB 3310). Pre-2025 violations remain subject to the 300-day window enacted by P.A. 101-0221 (eff. 8/22/2019). Treat the 300-day federal EEOC clock as binding for parallel federal claims regardless of the longer state window.
• 1-employee threshold. Effective 7/1/2020 (P.A. 101-0221, SB 75). The IHRA now reaches virtually all Illinois private employers — small businesses, household employers (with caveats), and start-ups are all covered. State and local government employers covered without numeric threshold.
• Sexual harassment / nonemployees. 775 ILCS 5/2-101(E) extends sexual-harassment protections to all employers (no threshold) and to nonemployees performing services pursuant to a contract (independent contractors, consultants, vendors).
• Investigation timeline. IDHR has 365 days from the perfected charge to issue a determination (775 ILCS 5/7A-102(G)). Extensions allowed by written party agreement. If IDHR misses the deadline without agreed extension, Complainant may proceed directly to circuit court within 90 days.
• Substantial evidence finding. If IDHR finds substantial evidence of a violation, Complainant has 90 days to elect (a) a complaint before the Illinois Human Rights Commission or (b) a civil action in circuit court (775 ILCS 5/7A-102(D)).
• Lack of substantial evidence / dismissal. If IDHR dismisses the charge, Complainant may (a) seek review before the Human Rights Commission within 90 days of receipt of the dismissal, OR (b) commence a civil action in circuit court within 90 days. The choice forecloses the other (775 ILCS 5/7A-102(D)(4)).
• Opt-out (775 ILCS 5/7A-102(C-1)). Complainant may bypass IDHR investigation entirely by submitting written opt-out within 60 days of receipt of IDHR's opt-out notice (sent within 10 days of perfected charge). Useful where Complainant wants direct circuit-court access without administrative investigation, particularly when paired with a Title VII Right-to-Sue notice.
• Human Rights Commission appellate review. A party aggrieved by an IDHR dismissal may seek IHRC review within 90 days. The Commission assigns the matter to a hearing officer; final Commission orders are reviewable in the Illinois Appellate Court within 35 days of service of the final order under the Administrative Review Law (735 ILCS 5/3-101 et seq.).
• Eavesdropping caution. Illinois is generally a two-party-consent state for audio recordings under the Eavesdropping Act, 720 ILCS 5/14-2. Surreptitious workplace recordings may be inadmissible and expose Complainant to liability. Counsel must advise on permissible documentation.
• No filing fee. IDHR charges are filed without fee. Counsel may pursue contingent-fee representation; IDHR does not require attorney representation but counsel materially improves outcomes at the substantial-evidence and post-determination stages.
• AI / algorithmic discrimination (eff. 1/1/2026). Charges asserting AI-driven discrimination should specify the tool, vendor, decision context, and disparate impact. P.A. 103-0804 codifies prohibitions at 775 ILCS 5/2-102(L) and bars use of ZIP codes as proxies for protected classes.
• IDHR contact. Main: 555 W. Monroe St., 7th Fl., Chicago, IL 60661 | (312) 814-6200 | https://dhr.illinois.gov.
• IHRC contact. Illinois Human Rights Commission, 100 W. Randolph St., Suite 5-100, Chicago, IL 60601 | (312) 814-6269 | https://hrc.illinois.gov.

10. SOURCES AND REFERENCES

• Illinois Human Rights Act, 775 ILCS 5/ — https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64
• 775 ILCS 5/7A-102 (Charge procedures) — https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077500050K7A-102
• IDHR — Filing a Charge — https://dhr.illinois.gov/filing-a-charge.html
• IDHR — Charge Process Overview — https://dhr.illinois.gov/filing-a-charge/intake.html
• IDHR — Statute of Limitations Update (12/30/2024) — https://dhr.illinois.gov/about-us/idhr-news-and-events/2024-12-30-idhr-extends-statute-of-limitations.html
• Illinois Human Rights Commission — https://hrc.illinois.gov
• IHRC — Information for Litigants Before ALJs — https://hrc.illinois.gov/content/dam/soi/en/web/hrc/process/pages/informationforlitigantsbeforeals.pdf
• IDHR Procedural Rules, 56 Ill. Adm. Code 2520 — https://www.ilga.gov/commission/jcar/admincode/056/05602520sections.html
• P.A. 101-0221 (SB 75) — https://www.ilga.gov/legislation/101/SB/10100SB0075lv.htm
• P.A. 103-0890 (SB 3310) — https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3310&GAID=17&DocTypeID=SB&LegId=152710&SessionID=112&GA=103
• EEOC — Filing a Charge — https://www.eeoc.gov/filing-charge-discrimination
• IDHR–EEOC Worksharing Agreement — 29 C.F.R. § 1601.13
• Mein v. Masonite Corp., 109 Ill. 2d 1 (1985) (election of remedies)
• Maksimovic v. Tsogalis, 177 Ill. 2d 511 (1997) (IHRA preemption scope)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Illinois must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.