8/29/07
On August 17, 2007, Governor Blagojevich signed a new law that gives individuals asserting claims of employment discrimination under the Illinois Human Rights Act (IHRA) the right to a jury trial in state circuit court. Under the current IHRA, discrimination claims are investigated by the Illinois Department of Human Rights. If the Department finds a lack of substantial evidence, the charge is dismissed. If it finds that there is substantial evidence, the case moves to the Human Rights Commission, where it is decided by an administrative law judge after limited discovery, typically without depositions. Under the new amendments, complainants will still be required to file a charge with the Department. However, after investigation, complainants will now have the option of filing suit in circuit court, even if the Department finds that the charge is not supported by substantial evidence. Complainants who file suit in state court will have the right to a jury trial and full discovery, including depositions.
Presently, many would-be plaintiffs choose to file charges of discrimination under federal law rather than Illinois state law, because federal law provides an opportunity for full discovery and a jury trial, whereas the IHRA currently does not. Because the new amendments eliminate this difference, it is likely that many cases that would have been brought in federal court will now be heard in state court. This may work to the disadvantage of employers in many cases because federal courts tend to have more experience with employment discrimination cases than state courts, and federal court procedures generally make it easier for employers to obtain summary judgment before a case goes to a jury trial. Additionally, unlike the IHRA, federal law caps the compensatory damages available in many kinds of discrimination cases. Further, because federal law does not cover some kinds of discrimination prohibited by the IHRA (e.g., sexual orientation), these amendments broaden the scope of claims employees may pursue against their employers in court. The new amendments apply to charges filed on or after January 1, 2008.
