Heyl Royster

 


Heyl Royster

 

Amendments to the Illinois Human Rights Act
(775 ILCS 5)

9/25/18

By: Patricia Hall, phall@heylroyster.com

The Illinois Human Rights Act governs claims of discrimination and sexual harassment within a variety of settings. Several notice and procedure changes which may affect the way that employers approach issues falling within the purview of the Illinois Human Rights Act were recently approved by the Governor. Public Act 100-1066, reflecting these changes became effective on August 24, 2018.

Relevant Changes:

Employees alleging a violation under this Act will now have 300 calendar days from the time the alleged violation occurred to file a claim. This is an increase from the former 180 day requirement. Section 7A-102.

Commission decisions must now be published within 180 days of the date the decision is reached. This imposes a deadline whereas the prior requirement was “in a timely fashion.” Section 8-102.

Commission decisions must now be made available on the Commission’s website and to online legal research companies within 14 calendar days of publication by the Commission. Section 8-110.

The Commission is now required to send out notice to all parties that no exception to its decision was filed by the exception deadline. This notice must be issued within 30 days following the exception deadline. Section 8A-103.

If an exception is filed and the Commission declines to review its decision, it must issue a notice of its decision not to review within 30 days after it votes to decline review. Section 8-110.

Who: These changes apply to any claimant or respondent involved in an alleged violation filed under the Act on or after the effective date of August 24, 2018.

Employers: The notice restrictions placed on the Illinois Human Rights Commission should provide employers opportunities to hold the Commission more accountable in its duty to issue timely decisions.

How to Proceed: Consistent evaluation of internal policies and procedures will help ensure discriminatory practices are avoided. These policies and procedures will aide in the limitation of potential liability under the Illinois Human Rights Act.

The best way to prevent discrimination is to encourage diversity and implement internal diversity training. For questions, please contact any of the Heyl Royster attorneys in the Employment & Labor Practice.