The Illinois Illinois Department Department of Human Human Rights

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2 The Illinois Department of Human Rights presents

3 To secure for all individuals id within the State t of Illinois, i freedom from unlawful discrimination or sexual harassment in employment and in education. To establish and promote equal opportunity and affirmative action as the policy of this State in all of its decisions, programs and activities. To make the Illinois Department of Human Rights an administrative standard of excellence in terms of the quality and quantity of its work product and the work environment for its employees.

4 Training Public Contracts and Affirmative Action Enforcement Education and Outreach.

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6 The Department t of Human Rights administers i the Illinois Human Rights Act, which prohibits discrimination because of race, color, religion, sex, sexual orientation and gender identity, national origin, ancestry, citizenship status (with regard to employment), familial status (with regard to real estate transactions), age (over 40), marital status, physical or mental disability, military service, unfavorable military discharge and order of protection ti status. tt These are considered protected classes.

7 It is also a civil rights violation to: Discriminate because of arrest record (in employment); To retaliate against someone because he/she files a charge of discrimination or opposes discrimination; Aid, abet or coerce someone to discriminate, to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of their housing accommodation; or Interfere with the Department s or Commission's duties.

8 In housing, it is illegal to discriminate against families with children under 18, or against impaired persons who keep or use guide or support dogs. There are also requirements related to design and construction of new multi family housing, and making reasonable accommodations and modifications for persons with disabilities.

9 The Illinois Department of Human Rights and the Human Rights Act Jurisdiction Protected Classes (Bases) Harms (Issues) Remedies

10 What the Illinois Human Rights Act Covers 5 AREAS OF JURISDICTION EMPLOYMENT HOUSING PUBLIC ACCOMMODATION FINANCIAL CREDIT SEXUAL HARASSMENT IN EDUCATION

11 TYPES OF DISCRIMINATION COVERED Age (40 and over) Physical or Mental Disability (unrelated to ability to do the job) Arrest Record (or criminal history record ordered expunged, sealed or impounded) Retaliation (for opposing unlawful discrimination based upon any of the categories mentioned) Coercion/Aiding and Abetting (helping or forcing a person to commit unlawful discrimination based upon any of the categories listed) Sex Race Unfavorable Military Discharge Marital Status Color Ancestry Military Status Religion Citizenship Status Sexual Harassment National Origin Sexual Orientation Listed are the bases (types of discrimination) which the Department can investigate.

12 Denied employment, Refused Application for promotion, training. Employment. Subjected to Unequal Terms, Conditions or Privileges. Limited, Classified, Segregated. Laid Off, Discharged. Refused Referral for Employment. Refused Membership in Labor Organization. Sexually Harassed.

13 Actual Damages Benefits Clear Personnel File Emotional Damages Hire, Promote, Reinstate Front Pay Attorney Fees/Costs Access/Services/ Membership Make Whole Public Contract/Public Contractor

14 Discrimination May Be Defined in Terms of: Disparate Treatment or Disparate Impact

15 Intentional discrimination. Protected class member treated differently than other(s) not of the same protected class. Inference of discriminatory i i motive. Shown by direct or indirect evidence.

16 Neutral Employment Practice Has Discriminatory Impact on Protected Class Member. No Business Necessity. Inference Rather Than Proof. Statistical Comparison.

17 Complainant is a member of a protected class; Complainant was qualified, meeting Respondent s s Legitimate Job Standards; Respondent Took Adverse Action Against Complainant and; l d ff l h Complainant Was Treated Differently Than Similarly Situated Individuals.

18 Complainant is member of protected class; Respondent s Facially Neutral Policy or Practice; Policy/Practice Has Adverse Impact on Complainant s Protected Class.

19 A discrimination charge can be initiated by calling, writing or appearing in person at the Department's Chicago, Springfield or Marion office within 180 days of the date the alleged discrimination took place in all cases except housing discrimination (one year filing deadline).

20 WHO CAN BE CHARGED The Department t of Human Rights can investigate t charges of employment discrimination filed against private employers, state or local government, unions and employment agencies. Individuals can also be charged in some cases. The employer charged with discrimination must have at least 15 employees in the State of Illinois in order for the Department to investigate, unless the charge alleges sexual harassment, retaliation or physical or mental disability discrimination, or unless the employer is a public contractor or a unit of state government. (A public contractor t is an employer who does business with the state tt or a unit of local government.)

21 WHAT THE DEPARTMENT DOES NOT COVER The Department cannot investigate unfair employment actions such as: Political affiliations, personality conflicts, etc., unless such actions are alleged to be for one or more of the reasons (types of discrimination); The Department cannot investigate unfair union practices unless such claims involve one or more of the types of discrimination described above; and The Department cannot investigate employers with fewer than 15 employees, unless the type of discrimination i i i is sexual harassment, retaliation, or disability, the employer is a public contractor, or a unit of state government.

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23 If a charge filed with the Department names you, your company or organization as a Respondent, a copy of the charge and an initial request for information will be served on the named Respondent via mail within 10 days of the date IDHR receives a perfected (notarized and dated) charge. You will be required to file a verified response to the charge and provide a response to IDHR s questionnaire by the date indicated. Failure to respond within 60 days can result in a default finding against you.

24 Mediation IDHR 101

25 The Investigation IDHR 101

26 The Fact-Finding Conference IDHR 101

27 The Findings and Results IDHR 101

28 How Long Does the Process Take? IDHR 101

29 The Illinois Human Rights Commission IDHR 101

30 Relationship with Federal Agencies and Federal Court IDHR 101

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32 IDHR at-a-glance Fiscal Year 2010 Charge Processing Division Disposition of Completed Investigations Inquiries Received* 13,243 Charges Filed 4,274 Completed Investigations 3,182 Completed Investigations: Settlements 998 Lack of Substantial Evidence 1,050 Withdrawn by Complainant 504 Failure to Proceed 210 Substantial Evidence 234 Lack of Jurisdiction 171 Administrative Closures 15 # Completed Investigations 3,182 *Charge Processing and Fair Housing Inquiries Combined.

33 IDHR at-a-glance FY2010 Charges Docketed by Jurisdiction Employment 3779 Housing 347 Public Accommodations 130 Financial i Credit 5 Sexual Harrassment in Ed. 13 TOTAL 4274

34 IDHR at-a-glance FY2010 Employment Charges by Basis Basis of Discrimination % to Total Sex % Race % Retaliation ti % Age % Physical Disability % National Origin 524 8% Sexual Harassment 381 6% Mental Disability 160 2% Other* 171 3% Religion 57 1% Sexual Orientation 125 2% Arrest Record 46 1% Color 27 0% Marital Status 22 0% Coercion 4 0% Military Discharge 10 0% Total %

35 IDHR at-a-glance FY2010 Employment Charges By Respondent Type Private Employers 2806 Local Government 299 Individuals 272 State Government 125 Elementary and Secondary Schools/Public 105 Unions 32 Private Employment Agencies 21 Colleges and Universities/Public 39 Colleges and Universities/Private 46 Elementary and Secondary Schools/Private 29 State Employment Agencies 4 Joint Apprenticeships Program 1 TOTALS 3779

36 IDHR at-a-glance FY2010 Housing Charges by Basis Basis of Discrimination % to Total Sex (including sexual harassment) 34 8% Race % Retaliation 10 2% Age 8 2% Physical Disability 86 19% National Origin 59 13% Mental Disability 51 11% Other* 6 1% Religion 6 1% Sexual Orientation 6 1% Color 1 0% Marital Status 4 1% Coercion 1 0% Military Discharge 0 0% Familial Status 37 8% Per total Bases %

37 IDHR at-a-glance FY2010 Housing Charges By Respondent Type Manager 169 Owner 79 Municipality 34 Agent 24 Bank 16 Mortgage Banking 14 Broker 5 Other 4 Rental Agent 1 Colleges and Universities 1 TOTALS 347

38 There are many things that can be done in order to prevent workplace discrimination.

39 Educate yourself, your management staff and your employees on what the law requires. Develop and implement clear policies for personnel actions, and follow them consistently. Prevent sexual harassment and other forms of discrimination by posting policies and training all employees. Investigate discrimination complaints promptly, and take prompt remedial action when necessary. Maintain documentation for personnel actions.

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