Charge Of Discrimination Attorney Packet

Bruce Rauner, Governor Janice Glenn, DirectorDear Attorney: This Attorney Packet contains information to assist you in preparing and filing a discrimination charge with the Department of Human Rights ("IDHR"). The U.S. Equal Employment Opportunity Commission ("EEOC") Requires these forms. Your use of these procedures and forms will help IDHR provide you and your client with prompt service. Charge Requirements: A charge filed with IDHR must contain the following: 225 Complainant's contact information, including full name, address, city, state, ZIP code, and telephone number. 225 Respondent's contact information, including full name, address, city, county, state, ZIP code, and telephone number. 225 Complainant's specific allegations in prima facie case format, including the alleged harm, date of harm, and the basis of discrimination (see pages 3 and 4 of this packet). 225 Per the Human Rights Act, all charges must be signed by Complainant and dated in the presence of a notary public. Complainant's attorney cannot sign the charge on behalf of Complainant. 225 The notary public must sign and date the charge on the same date as Complainant. The notary public cannot use an embossed seal as a notary stamp. Every notary public must use a rubber stamp seal. These notary procedures must be adhered to or the charge is not valid. 225 IDHR requires one (1) original and one (1) copy of the charge to be filed. 225 Please provide IDHR with an appearance form with each original charge filed. For allegations against multiple Respondents: IDHR requires separate charges for each Respondent your client alleges has discriminated against him or her. IDHR no longer amends charges. If your client has additional issues or bases, a new charge will be drafted and a new charge number assigned. This ensures that the statutory time limit for IDHR to investigate the allegations filed against each Respondent is calculated properly. A. Charge Forms: Complete the appropriate charge form and return to our office with all the necessary elements needed to process your client's charge. When filling the charge, make sure the date on which the earliest allegation of discrimination took place is within the statutory time frame if not a continuing violation. Use the State/Federal EEOC #5 form for all state and federal jurisdiction charges. Use the #5 form for combined jurisdictions (i.e., race and physical/mental disability). Use IDHR #6 form for charges filed for jurisdictions covered only by the state (i.e., military status, arrest record, marital status, etc.). Page 2 of the charge form can be used for either Form EEO-5 or IDHR Form 6. Do not file the same charge with EEOC. If appropriate, IDHR will cross file the charge with EEOC.100 West Randolph Street, Suite 10-100, Chicago, IL 60601, (312) 814-6200, TTY (866) 740-3953, Housing Line (800) 662-3942 535 West Jefferson Street, 1st Floor, Springfield, IL 62702, (217) 785-5100 2309 West Main Street, Marion, IL 62959 (618) 993-7463 www.illinois.gov/dhr American LegalNet, Inc. www.FormsWorkFlow.com When filing a charge you are required to use the proper form. Please see the attached forms. B. Format and Content Please follow the format exactly as follows below. Failure to do so may cause a delay in processing the charge. I. A. ISSUE/BASIS Harm (ISSUE), the date of the harm and the relevant category of discrimination (BASIS) B. PRIMA FACIE ALLEGATIONS 1. Identify how Complainant is a member of a protected group. 2. Indicate the harm and Respondent's reason for taking the adverse action against Complainant. Identify by name, job title, and relevant category, the individual who communicated said reason to Complainant. 3. Identify Respondent's applicable policy or practice and how Complainant was in compliance with the policy or practice, was qualified for the position, or was performing satisfactorily in the position. 4. State how Complainant was treated differently than similarly situated individuals who are not members of the protected group. Identify those individuals by name, title, and relevant category. For multiple issues: You must repeat the steps indicated above for each issue/harm. You must also match the appropriate basis to each issue. Some examples of the charge format are attached for your review. Cover Sheets: Please use form EE05 as a cover sheet for all charges that should be cross-filed with EEOC. For all charges that will not be cross-filed with EEOC, please use IDHR form #6. For example, a sexual harassment charge against an individual can only be investigated by IDHR. Therefore, IDHR form #6 is required. Note: The prima facie allegations for disability, retaliation, and sexual harassment are different than above. Also, note that not every fact in regards to the dealings between the parties should be listed in the charge (those will be dealt with during the charge investigation). Every charge should only have the 4 or 5 prima facie allegations as illustrated in samples provided. Drafting the charge as described above will assist IDHR in investigating the charge more expeditiously and thoroughly. All charges to be filed MUST be sent directly to: INTAKE UNIT, Department of Human Rights, 100 W. Randolph Street, Suite 10-100, Chicago, IL 60601. For additional information regarding filing a discrimination charge under the Illinois Human Rights Act, please refer to the IDHR website: www.illinois.gov/dhr. If you have additional questions, feel free to contact the Intake Unit at (312) 814-6200. Sincerely, Intake Unit American LegalNet, Inc. www.FormsWorkFlow.com EXAMPLES I. A. ISSUES/BASIS Discharge - July 20, 2018, because of my race, black. B. PRIMA FACIE ALLEGATIONS 1. My race is black. 2. I was discharged on July 20, 2018. The reason given by Shirley Pine (non-Black), Supervisor, for the discharge was poor performance. 3. I performed by job duties in a satisfactory manner. I began my employment with Respondent on May 1, 2017. 4. My performance was as good as that of Tina New (non-Black), who was not discharged under similar circumstances. II. A. ISSUE/BASIS Discharge - July 20, 2018, because of my physical disability, diabetes. B. PRIMA FACIE ALLEGATIONS 1. I am an individual with a disability within the meaning of Section 1-103(I) of the Human Rights Act. 2. Respondent has been aware of my disability since November 2017, when it was diagnosed. 3. I was discharged by my Supervisor, Shirley Pine (disability unknown), due to alleged poor performance. 4. My disability is unrelated to my ability to perform my job duties. American LegalNet, Inc. www.FormsWorkFlow.com EXAMPLES I. A. ISSUES/BASIS Sexual Harassment - June 2017 until July 14, 2018. B. PRIMA FACIE ALLEGATIONS 1. From June 2017 until July 14, 2018, I was subjected to sexual harassment by William Hart, Supervisor. The sexual harassment consisted of sexually offensive questions about my sexual habits and sexual jokes on a daily basis, and inappropriate touching by Hart on a weekly basis. 2. I found the harassment offensive and I rejected the advances. 3. I reported the harassment to Human Resources in November 2017 and January 2018, however, the sexual harassment continued. 4. The sexually offensive conduct created a hostile and intimidating work environment for me and interfered with my ability to do my job. II. A. ISSUE/BASIS Discharge - July 17, 2018, in Retaliation for filing an internal complaint of discrimination with Respondent. B. PRIMA FACIE ALLEGATIONS 1. In November 2017, I reported sexual harassment by Hart to Human Resources. In January 2018, I reported the sexual harassment to Cindy Benson, Director of Human Resources. 2. On July 17, 2018, I was discharged by Michael Hart, Supervisor. The reason given for the discharge was alleged insubordination. I have never been insubordinate to anyone. 3. The discharge followed my last complaint of discrimination within a short period of time, thereby raising an inference of retaliatory motivation. American LegalNet, Inc. www.FormsWorkFlow.com STATE OF ILLINOIS DEPARTMENT OF HUMAN RIGHTSIN THE MATTER OFCOMPLAINANTANDRESPONDENT) ) ) ) ) ) ) ) ) )CHARGE NO.: APPEARANCE (Name of law firm/attorney/non-attorney repr