How Does the Illinois Department of Human Rights Handle Employment Discrimination Mediation?

The Illinois Department of Human Rights (IDHR) administers the Illinois Human Rights Act (IHRA), 775 ILCS 5/, which prohibits employment discrimination on the basis of race, color, national origin, sex, sexual orientation, gender identity, religion, disability, age, marital status, order of protection status, and several other protected classes. The IDHR offers a free mediation program for charges filed with the Department. After a charge is filed and the IDHR determines it has jurisdiction, the parties are offered the opportunity to participate in mediation before the charge is investigated. The IDHR mediator is a neutral state employee. Mediation at the IDHR stage is voluntary and confidential. If mediation is successful, the parties sign a settlement agreement that is enforceable as a contract. If mediation fails, the IDHR proceeds with its investigation. Illinois's IHRA is broader than federal law in several respects: it covers employers with one or more employees (vs. 15 under Title VII for most claims), has a 300-day statute of limitations (vs. 180 days under Title VII in non-deferral states), and covers protected classes not found in federal law (e.g., sexual orientation, gender identity, order of protection status, and military status). Charges may also be cross-filed with the EEOC if they fall within federal jurisdiction.