Illinois No Longer Mandates Fact-Finding Conferences for Agency Charges – But Expands Penalty Options Against Employers
Illinois lawmakers just made two critical changes to the way the state’s civil rights agency administers its key anti-bias law – no longer requiring parties to participate in a fact-finding conference in every case and creating a new category of penalties that can be levied on employers . These changes affect any charges pending or filed before the Illinois Department of Human Rights (IDHR) on or after the effective date of January 1, 2026 . What do employers need to know about these two amendments to the Illinois Human Rights Act (IHRA) – and what should you do to adjust to the changes? 1. Fact-Finding Conferences No Longer Mandatory Under the IHRA Prior to the 2025 amendments, state law required the IDHR to conduct a fact-finding conference for every charge, regardless of merit. This is no longer the case. The IHRA now provides that the IDHR may conduct fact finding conferences in its discretion. Fact-finding conferences will proceed, however, if both...