Illinois State-Law Discrimination Claims Get New Venue

A recent amendment to the Illinois Human Rights Act (IHRA) gives Illinois employees a new avenue of advancing claims against employers for discrimination and harassment claims originating in Illinois. Previously, claims under the IHRA were handled exclusively by the Illinois Human Rights Commission (IHRC) – a purely administrative body. However, new legislation effective on January 1, 2008 means that any newly filed claims may allow Illinois employees to continue employment law disputes by filing claims under the IHRA in state court. Given that Illinois state courts have been cited as some of the most plaintiff-friendly in the nation, this new legislation could have resounding implications for employers operating in Illinois.

The IHRC is the state-sponsored administrative body that hears and decides claims of discrimination and harassment based on the IHRA – much like the Equal Employment Opportunity Commission (EEOC) hears analogous claims based on federal law. Under both federal and state law, employees are required to file claims with the administrative agencies as a first-step to any action against an employer for claims of discrimination or harassment based on an protected classification (i.e., race, sex, age, disability, etc.). Although many of these claims overlap in their federal/state factual and legal bases, the new Illinois law (H.B. 1509) makes it possible for claimants to file a state-only action and get a state law determination, as opposed to the previous limitation on a federal basis only. The new law allows employees the opportunity to file claims in Illinois state court in certain circumstances.

If you have questions about the new law or how this may apply to your operations you can contact your Ice Miller attorney.

Ryan Poor is a partner in the Firm's Labor and Employment Practice Group. He provides representation in litigation in state and federal court and before administrative bodies, collective bargaining negotiations, arbitrations, and labor relations services, assistance with employment contracts and separation agreements, and the development of policies, procedures, and training programs.

Dean Leffelman is a partner in the DuPage County, IL, office of Ice Miller. Dean focuses his practice on commercial law and transactions including mergers, acquisitions and reorganizations, shareholder agreements, drafting business contracts, employment agreements, tax and business planning, joint venture agreements, and estate planning.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.