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HB 5068

IDHR PROCEDURAL CHANGES

104th Regular Session Introduced by Graciela Guzmán and 1 co-sponsor

HB 5068 streamlines Illinois civil-rights investigations by aligning IDHR processes with EEOC actions, sets strict timelines, and enables clear opt-out paths to court or IHRC.

Rule 2-10 Committee Deadline Established As May 22, 2026
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Bill Summary · HB 5068

Summary of HB 5068 (104th Illinois General Assembly) – IDHR Procedural Changes

Note: This summary focuses on the substantive provisions, their practical impact, and relevant timelines. It reflects the bill as engrossed, including amendments and action history through April 2026.

1) Purpose and Intent

  • The bill amends the Illinois Human Rights Act to revise and streamline procedures for handling civil rights discrimination charges, particularly regarding how charges are filed, investigated, and potentially resolved through the Department of Human Rights (IDHR) or the Illinois Human Rights Commission (IHRC), and/or through court action.
  • It introduces or tightens coordination with the Equal Employment Opportunity Commission (EEOC) in multi-jurisdictional matters and sets specific timelines and notice requirements to manage cross-agency processes.

2) Key Provisions and Changes

A. Filing a Charge (Section 7A-102)

  • Charges must be filed within 2 years after the alleged civil rights violation.
  • Charges must provide sufficient detail about time, place, and facts for all parties to understand the allegations.

B. EEOC Cross-Filing (A-1)

  • If a charge is filed with the EEOC within 300 calendar days after the violation, the Illinois Department charge is deemed filed with IDHR on the EEOC filing date.
  • If EEOC is the initial investigator, IDHR will delay action until the EEOC issues its determination, and will then notify the parties that EEOC handles the investigation.
  • Upon EEOC determination of reasonable cause, the complainant may pursue either:
    • a Departmental notice of right to sue, or
    • file a complaint with IHRC or initiate a civil action in circuit court.
  • If EEOC issues a determination (reasonable cause), IDHR provides a notice within 10 business days outlining options and tolling implications (including tolling of the 365-day investigation period G) until EEOC determination.

C. Dual Ownership Scenarios (A-1(3))

  • For charges involving both EEOC and IDHR, the Department follows a process:
    • Complainant may request a Departmental right to sue after EEOC determinations.
    • If EEOC does not issue a determination or issues a right-to-sue notice, IDHR proceedings follow parallel timelines, with specific notice and response requirements.

D. Report and Substantial Evidence (D)

  • Each charge investigated must be reported confidentially to the Director.
  • The Director determines whether there is substantial evidence of a civil rights violation.
  • If no substantial evidence, the charge is dismissed with rights to seek review by IHRC or pursue court action within defined periods.

E. Conciliation (E)

  • If substantial evidence exists, IDHR may attempt to conciliate through a designated attorney to eliminate the violation and prevent its repetition.
  • Conciliation conferences: notice must be given, conference location generally within 35 miles of the alleged violation, and confidentiality rules apply.

F. Complaint and Court Options (F)

  • IDHR may file a complaint with IHRC at the complainant’s request.
  • If the complainant instead chooses to file directly in circuit court, the process and timing align with Illinois Civil Procedure rules.
  • The Department must notify the chief legal counsel within 21 days of a complaint being filed in court or IHRC.

G. Time Limits and Opt-Out Provisions (G)

  • The Department must issue its report within 365 days of charge filing, unless parties extend in writing.
  • If no IDHR action or closure within 365 days, the complainant may file with IHRC or in circuit court within 90 days, and then notify the Department.
  • The Act allows complainants to opt out of IDHR investigation within 60 days of notice, triggering a 90-day window to commence a civil action in court. Opt-out closes the Department’s investigation.

H. Opt-Out and Right to Sue (C-1, C-2)

  • If opting out, a formal opt-out notice is issued, including the 90-day window to file in court.
  • After opt-out, complainants may still request a Departmental right to sue later under C-2, subject to Department discretion and time limits.

I. Public Act Timeline Alignment (H-L)

  • Various references indicate alignment with prior Public Acts (89-370; 89-520; 95-243; 96-876; 100-1066; 104-425) and specify applicability to charges filed on or after certain dates. The bill notes that changes apply to charges pending or filed on/after January 1, 2026 (effective date of 104-425), with other provisions applying to earlier or different cohorts as noted.

3) Who/What Is Affected

  • Aggrieved parties (complainants) alleging civil rights violations in Illinois.
  • Respondents (employers, housing providers, or other entities) accused of discriminatory practices.
  • The Illinois Department of Human Rights (IDHR) as the administering agency for charges, investigations, and notices.
  • The Illinois Human Rights Commission (IHRC) as an alternative forum for complaints.
  • The Equal Employment Opportunity Commission (EEOC) when charges are cross-filed or coordinated with federal processes.
  • Attorneys and legal counsel representing parties, given increased reliance on notices, responses, and possible court actions.

4) Procedural and Timeline Considerations

  • Filing windows: 2-year filing window for charges; 300-day EEOC cross-filing trigger.
  • Investigation timelines: IDHR report due within 365 days from filing, with extension by written agreement; otherwise, complainant may seek relief in IHRC or circuit court within 90 days.
  • Notice requirements: Multiple deadlines for notice to complainants and respondents (including rights to sue, opt-out notices, and right-to-sue notices)—often within 10 business days of key events.
  • Opt-out mechanism: 60-day window to opt out of IDHR investigation, triggering a 90-day period to file in court; post-opt-out, possible right-to-sue requests remain at the Department’s discretion.
  • Substantial evidence standard: A preliminary standard to determine whether to proceed or dismiss; findings and reasoning needed for decisions.
  • Cross-agency coordination: EEOC determinations affect timing and whether to proceed under IDHR or IHRC in a dual-filing scenario.

5) Notable Cross-Ccuting Points

  • The bill enhances coordination with the EEOC, potentially shifting investigation dynamics and timelines when federal and state actions intersect.
  • It strengthens and clarifies opt-out pathways to court, creating explicit 90-day windows post-opt-out or after IDHR’s determinations for pursuing court or IHRC action.
  • It preserves confidentiality of investigative materials during IDHR processes, with disclosures limited to agreed-upon circumstances.

Overall, HB 5068 retools IDHR procedures to accelerate resolution, clarify dual filing with the EEOC, formalize opt-out paths to litigation, and reinforce the procedural steps from charge filing to potential remedies in IHRC or courts.

Compiled from official sources — confirm details with the bill’s official record.

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