Attorney At Law
Illinois has recently changed how workplace discrimination and retaliation claims are investigated at the state level. Beginning January 1, 2026, amendments to the Illinois Human Rights Act (IHRA) will result in both procedural and substantive changes to the way Illinois Department of Human Rights (IDHR) processes claims and violations.
These updates are important for employees considering filing a charge with the IDHR, as well as employers responding to one. Below is an overview of the key 2026 changes and what they mean in practice for workers in Chicago and across Illinois.
Optional Fact-Finding Conferences in IDHR Investigations
Historically, most IDHR employment investigations included a mandatory fact-finding conference, where both sides appeared before an investigator to present information and answer questions.
However, under amendments to the IHRA taking effect in 2026:
- The IDHR may still hold a fact-finding conference, but it is no longer automatic.
- A fact-finding conference will generally be scheduled only if both parties submit a written request within 90 days of the charge being filed.
- If a fact-finding conference is requested, the parties must also agree to extend the IDHR’s investigation period by 120 days.
- The IDHR retains discretion to hold a fact-finding conference when it believes one would assist the investigation.
Why this matters:
Some cases benefit from early, in-person clarification of facts, while others may proceed efficiently based on written submissions alone. The change gives parties greater flexibility, but also means that decisions about requesting a fact-finding conference must be made early in the process.
Expanded Civil Penalties for IHRA Violations
Another significant 2026 change allows for expanded civil penalties when the Illinois Human Rights Commission (IHRC) finds that an employer has violated the IHRA. This amendment to the IHRA authorizes the Illinois Human Rights Commission (IHRC) to impose civil penalties “to vindicate the public interest.” Previously, an IHRC administrative law judge could recommend remedies such as cease-and-desist orders, damages, reinstatement, back pay, attorney’s fees, and notice posting. The amendment now also allows the ALJ to impose a separate civil penalty for each civil rights violation, payable to the state.
The statute permits penalties of up to:
- $16,000.00 for a first violation;
- $42,500.00 for a second violation within five years; and
- $70,000.00 for multiple violations within seven years.
Importantly, when the violation giving rise to a penalty is committed by the same individual responsible for prior violations (such as the same company supervisor), the five- and seven-year limitation periods do not apply. In such cases, the enhanced penalty may be imposed regardless of how long ago the prior violations occurred.
Extended Filing Deadline Remains in Effect
Though not new as of 2026, the deadline for filing an employment discrimination charge with the IDHR was updated beginning January 1, 2025. Employees now generally have two years from the date of the alleged discriminatory act to file a charge with the IDHR—an extension from the former 300-day deadline. This longer filing period coexists with the EEOC’s 300-day federal deadline.
Practical Considerations for Employees
Employees considering filing a charge at the IDHR should keep the following in mind:
- Strategic planning matters: Deciding whether to request a fact-finding conference now involves a conscious choice rather than being automatic.
- Documentation is essential: As with all discrimination/retaliation claims, keeping thorough records, from emails to performance evaluations, remains key.
- Deadlines: The expanded filing window provides flexibility, but early action often improves the ability to preserve evidence.
Conclusion
The 2026 amendments to the IHRA and changes to IDHR procedures represent a meaningful shift in how employment discrimination claims are processed in Illinois. Optional fact-finding conferences and new civil penalties offer both increased flexibility and added consequences in suitable cases.
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If you have questions about workplace discrimination, harassment, or retaliation in Illinois, consulting with an experienced Chicago employment law attorney at Vaziri Law LLC can help you navigate the IDHR process and understand how these changes may apply to your situation.