The “Charge” of Discrimination
Generally, cases alleging discrimination in employment within the State of Illinois must be brought in a federal court or before an Illinois administrative law body, such as the Illinois Human Rights Commission, Cook County Commission on Human Rights, or City of Chicago Commission on Human Relations, although starting in January 2008, Illinois discrimination cases may also be brought in Illinois state courts. Cases alleging other kinds of wrongful discharge from employment need to be brought in regular state courts, unless they are combined with a discrimination claim and can be added to a federal court lawsuit.
Before anyone files a discrimination lawsuit in a federal court or before any administrative body, he or she must, in most cases, first file a CHARGE with the Equal Employment Opportunity Commission, the Illinois Department of Human Rights, the Cook County Commission on Human Rights, or the City of Chicago Commission on Human Relations. Where you file your charge of discrimination determines the court in which your case will proceed. If you consult an employment lawyer prior to filing any charge, he or she will usually assist you in choosing which path to follow and may even prepare and file the charge of discrimination for you.
Years ago – before such agencies as the EEOC and the Illinois Department of Human Rights were bombarded with charges of discrimination – those agencies played a more central role in trying to resolve claims of discrimination in the workplace. Often, the EEOC itself would accept an individual’s case and provide free legal representation. Today, it is rare when those agencies agree to represent an individual employee in a lawsuit. In the case of the EEOC, their backlog might result in cases waiting a number of years even before an investigator is assigned.
Nonetheless, you still must begin most discrimination case by filing a charge with one or more of those agencies. In the case of the EEOC, you must file a charge within 300 days of first learning of a discriminatory event. In the case of the Illinois, Cook County, and City of Chicago agencies, you must file a charge within 180 days of learning of a discriminatory event.
The Lawsuit
In order to bring a discrimination claim before any of those bodies, you need to go beyond the stage of filing a charge of discrimination and bring a lawsuit. In federal court, it does not matter whether the EEOC has found for you or against you on your charge – you still have the right to proceed to a lawsuit. None of those agencies has the power to force an employer to take any action, without a lawsuit beyond the charge-filing stage. To file a federal suit, you may either wait for the EEOC to make its determination or you may ask for a “RIGHT-TO-SUE LETTER.” You have 90 days from the date that the EEOC either finishes its investigation or you receive a “Right-To-Sue Letter” in order to file a federal suit.
