Thomas C. Garretson, Robbins Schwartz, Chicago
312-332-7760 | Email Thomas C. Garretson
2026 Changes to the Illinois Human Rights Act: Factfinding Conferences No Longer Mandatory and New Civil Penalties
Elimination of Mandatory IDHR Factfinding Conferences
Effective January 1, 2026, the Illinois Department of Human Rights will no longer be mandated to conduct a factfinding conference when investigating charges of discrimination filed under the Illinois Human Rights Act, 775 ILCS 5/1-101, et seq. P.A. 104-425, signed into law by Governor Pritzker on August 15, 2025, amended the Act’s requirements related to IDHR factfinding conferences and, in the process, significantly changed the investigatory process that Illinois practitioners have grown accustomed to when providing representation in matters before the IDHR.
Prior to January 1, 2026, the Act required that, as part of the IDHR’s investigatory process, a factfinding conference be conducted for each charge that was filed. 775 ILCS 5/7A-102(C)(4). The factfinding conference, led by an IDHR investigator, is an opportunity for complainants and respondents to provide testimony to the IDHR about the charge allegations and affords each party the right to respond. In addition, the factfinding conference has often been utilized as a manner by which to assess whether settlement of a charge is a realistic possibility.
As of January 1, 2026, the IDHR may, in its discretion, elect to conduct a factfinding conference when investigating a charge filed under the Act. However, if both the complainant and the respondent submit written requests for a factfinding conference within 90 days of the charge being filed, the IDHR is required to conduct a factfinding conference unless the IDHR has issued its report prior to receiving the requests. Requests for a factfinding conference are required to include the party’s written agreement to grant the Department a 120-day extension, if requested by the Department, to issue its investigation report. If a factfinding conference is scheduled, a party’s failure to attend without good cause will still result in dismissal or default. These procedural changes apply to any charges that are pending or filed on or after January 1, 2026.
Civil Penalties to “Vindicate the Public Interest”
P.A. 104-425 also amended 775 ILCS 5/8A-104(K) to create a new category of penalty that may be imposed against those found to have committed a civil rights violation. Specifically, a civil penalty may be imposed for each violation of the Act in order to “vindicate the public interest,” with amounts dependent on an entity’s prior violations of the Act:
- For those respondents not previously found to have committed a civil rights violation under the Act, the penalty is not to exceed $16,000.
- For respondents found to have committed one other civil rights violation under the Act during the five-year period prior to the filing of the charge, the penalty is not to exceed $42,500.
- Finally, for those respondents found to have committed two or more civil rights violations under the Act during the seven-year period prior to the filing of the charge, the penalty is not to exceed $70,000. Id.
Notable is that if the acts constituting the civil rights violation are committed by the “same natural person” who has been previously found to have committed civil rights violations under the Act, these civil penalties (up to $70,000) may be imposed without regard to the period of time when the subsequent violations occurred. 775 ILCS 5/8A-104(K)(3).
Takeaways
Parties litigating matters before the IDHR will now need to closely consider whether requesting the IDHR conduct a factfinding conference is strategically beneficial to their interests. While no longer mandatory, it is currently uncertain as to when the IDHR will exercise its statutory discretion to conduct a factfinding conference when not requested by the parties. Finally, Illinois employers will need to continue to be cognizant of the ever-increasing financial penalties that can be assessed against those found to have violated the Act,
For more information about employment and labor law, see LABOR AND EMPLOYMENT ISSUES IN TRANSACTIONS, BUSINESS RESTRUCTURING, AND WORKFORCE REDUCTIONS (IICLE®, 2026). Online Library subscribers can view it for free by clicking here. If you don’t currently subscribe to the Online Library, visit www.iicle.com/subscriptions.