Investigation Summary & Conclusion

After the collection of papers, witness interviews, and fact-finding conference, the investigator prepares a written summary of the agency’s findings and conclusions. The summary recites the facts gathered from the documents, fact-finding conference, witness interviews, witness statements, and affidavits. It then states whether a violation has been established and the facts supporting that conclusion.

If a violation appears to exist, the case is advanced to an administrative law judge at the respective agency where the charge was filed, the U.S. district court (federal court) or Illinois state court, starting in 2009. Where the investigator concludes that a violation does not exist, the employee complainant is typically still able to file a lawsuit in federal court on their own by receiving a right-to-sue letter from the EEOC or filing a lawsuit in an Illinois state court.

Administrative agency investigators are not permitted to make credibility determinations. Cases where the investigator is required to determine who is telling the truth between the employer and employee in order to reach a conclusion are typically not dismissed but forwarded to a judge to make the required credibility determinations. This obtains mostly in racial or sexual harassment cases in where the employer denies allegations and there is no way to reconcile the stories without a credibility determination. Such cases are more likely to end up in litigation than others.