Filing A Sexual Harassment Complaint With The Illinois Department of Human Rights
My website lasorsalaw.com generates many inquires about sexual harassment cases in Illinois and throughout the country. Even though I have videos on the website to walk people through the steps of filing a lawsuit or complaint regarding sexual harassment, people still have many of the same questions. I hope to answer a few here with this general post. The first decision a person must make is whether to file a complaint of sexual harassment with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). With the IDHR, a person has 180 days from the date of the last sexual harassment to file a complaint, with the EEOC the person has 300 days to file a complaint of sexual harassment.
Another factor to consider is whether or not you wish to file a lawsuit in state court, federal court or have an administrative law judge at the Illinois Human Rights Commission ("IHRC") decide your case. Having the IHRC decide the case is the least expensive but may take the longest. Federal court is the quickest route to take but it is also the most difficult, expensive and employment law on the federal level favors employers in my opinion. It is important to discuss all options with attorney Peter LaSorsa and see which one works best for your situation. Sometimes the amount of time since the last date of sexual harassment will dictate which way to proceed. For example if you wait 200 days to contact my office, we will have no choice but to file with the EEOC.
One last point on filing is that if you file with the IDHR, they will automatically file with the EEOC but the IDHR will take the lead in the investigation. If you file with the EEOC within 180 days they will also cross file with the IDHR and you have the option of letting the IDHR take the lead on investigation or letting the EEOC investigate.
Another issue that comes up often is that many times along with a claim of sexual harassment the person gets fired. This usually presents another claim for retaliation. I usually file multiply charges when filing a sexual harsasment complaint to include retaliation. I hope you find this information helpful and look forward to discussing any case you may have.
