Posted On: November 9, 2011

Bringing People To The Illinois Department Of Human Rights Fact-Finding Conference

I represent complainants at the Illinois Department of Human Rights ("IDHR") on charges of discrimination including sexual harassment. One of the steps in the investigation process by the IDHR is to conduct a fact-finding conference. I just appear with my client but many times the other side will bring many witnesses. I have never really figured out why defense attorneys do this other than to run their bill as high as possible. You can imagine the time it takes to prep all of those witnesses prior to the fact-finding conference.

The reason I don't think it is a good idea to bring extra people is because they aren't going to do any good. As long as the complainant says something happened the investigator can't disbelieve the credibility of the complainant. This is because of a federal case called Cooper v. Salazar. Basically an investigator with the IDHR is prohibited from making a credibility of witness determination. So bringing extra people may seem impressive but all they are doing is giving the complainants attorney a free bite at the apple by hearing what they have to say.