On August 15, 2025, Illinois Governor J.B. Pritzker signed Senate Bill 2487 into law, amending the Illinois Human Rights Act (“IHRA”), 775 ILCS 5/7A-102. Among other reforms going into effect on January 1, 2026, the legislation fundamentally changes how the Illinois Department of Human Rights (“IDHR” or the “Department”) processes charges of discrimination.
Most notably, the law eliminates mandatory fact-finding conferences. For decades, these conferences were a hallmark of the Department’s investigative approach, giving complainants, respondents, and the agency a chance to gather information early, test the strength of claims, and sometimes even prompt informal resolution. Their removal will change how employers, employees, and practitioners must navigate discrimination charges in Illinois.
Fact-Finding Conferences Generally
A fact-finding conference is essentially an informal, investigative meeting in which the Department brings the parties together to discuss the allegations in the charge of discrimination. The investigator can question witnesses, review documentary evidence, and attempt to clarify disputed facts. While not a mediation, these conferences often create opportunities for early settlement discussions. For employers, they also offer a critical chance to gain insight into the complainant’s allegations and to present documents and testimony before the Department issues a determination.
From Mandatory to Discretionary Fact-Finding Conferences
Prior to Senate...
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