Charge Filing

A charge of discrimination, sexual/racial harassment and retaliation is typically filed by an employee against his employer. Employees are referred to as Complainants and employers as Respondents at the various administrative agencies. Each agency accepts particular kinds of charges with specific investigation steps toward possible resolution or conclusion. The nature of charges accepted as well as the investigation process often differ from agency to agency.

Overall however, the process generally follows this sequence:

  • Filing a discrimination, harassment or retaliation charge by an employee complainant
  • Service of the charge on the respondent-employer with a deadline for a response
  • Agency’s mediation conference with both sides present
  • Agency request for specific information from the employer about similarly situated employees as well as disciplinary records, employment records and such
  • Agency’s fact-finding conference with both sides present
  • Agency’s written summary of determination whether or not a violation is established
  • Agency's conciliation conference with the parties to attempt resolution if violation is established
  • Litigation if the case is not resolved, conciliated or dismissed by the agency in federal court, Illinois State Court, or the administrative agency where the complaint was filed.

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