Adjudication Fact Sheet

· The discrimination had to take place in the City of Chicago.

· The Complaint must be filed within 180 days of the discrimination.

· Retaliation is prohibited against a person who files a complaint or otherwise participates in a Human Rights Ordinance case.

HOW DO PEOPLE FILE?

People may come to the Commission to have its staff assist them in drafting and filing their complaint. People may also draft their own complaint and file it by mail or facsimile. Filing by e-mail is not permitted. People who wish to come to the office to draft and file a complaint should arrive no later than 3:00 p.m.

Complaint filers must use the Commission’s Complaint form or a substantial equivalent. The Commission’s Regulations require that certain content be included in Complaints. This includes, but is not limited to, the names and addresses of parties and a description of the conduct, policy or practice alleged to constitute the Ordinance Violation sufficient to substantially apprise the Respondent/s and the Commission of the alleged Ordinance Violation.

WHAT HAPPENS THEN?

The Investigation

The Commission is a neutral agency; it does not take the side of the person who filed (“Complainant”) or the side of the person or business the complaint is against (“Respondent”).

The Commission sends the complaint and other material to the Respondent within seven days of the complaint’s filing. The Respondent must file a Verified Response with the Commission and serve it on the Complainant in 30 days. It must also file with the Commission a response to the Commission’s request for documents and information.

Commission investigators are required to investigate cases in the order received. The investigation includes collecting documents and interviewing witnesses with respect to both the Complainant’s allegations and the Respondent’s defense.

The Commission’s investigators are always willing to determine whether there is a way for the two sides to come to an agreement about how to resolve the case at any time during the investigation.

If the parties do not settle, the Commission’s Executive Compliance Staff reviews a summary of the entire investigation and decides if there is “substantial evidence” for the case to proceed or whether there is “no substantial evidence” so that the case is then closed. “Substantial Evidence” does not mean that the Respondent is liable, only that there is enough evidence to proceed further.

Conciliation Conference

If the Commission determines there is “substantial evidence” of discrimination, it will require the two parties to meet to try to settle the case at a Conciliation Conference. An attorney trained in discrimination law and in mediation is the conciliator at this stage. This is not formal and is not like a court proceeding; it is a conference to try to settle the case.

If the parties reach an agreement, the case will end. If there is no agreement, the case is scheduled for Administrative Hearing.

Administrative Hearing

After a finding of substantial evidence, an Administrative Hearing is held only if there is no settlement at the Conciliation Conference. Hearings are also held if a default order is entered against a Respondent. The Hearing is similar to a court proceeding, though less formal. An Administrative Hearing Officer presides over the Hearing and the pre-Hearing process.

The parties are not required to have an attorney at a Hearing. The Commission does not prosecute the case nor represent either side.

The Hearing Officer hears the evidence which both sides present and then writes a recommendation stating which party should win the case, including the factual and legal reasons for the recommendation, and shall recommend relief if he or she believes the Complainant should prevail. The parties review the recommendation and make any objections to it and then to each other’s objections. The Hearing Officer reviews all the objections and responses and then makes a final recommendation to the Commission’s Board of Commissioners. The Board makes the final ruling.

WHAT CAN A COMPLAINANT RECEIVE?

If a Respondent is found liable after the Administrative Hearing, the Complainant may be awarded one or more of the following types of relief:

Out of Pocket Damages—reimbursement for any loss related to the discrimination, such as back pay if he or she was fired or moving costs if he or she were forced to move from an apartment.
Emotional Distress—compensates for stress and upset proved to be caused by the discrimination.
Injunctive Relief—orders the respondent to do or not to do something such as ceasing a discriminatory policy or installing a ramp so a wheelchair user can enter.
Attorney’s Fees and Costs—pays for the work a Complainant’s attorney did on the case.
Punitive Damages—damages paid by the respondent in cases where its conduct was found to be willful, wanton or reckless concerning the complainant’s rights.
Fines—paid to the City of Chicago whenever there is a finding that the respondent discriminated.

QUESTIONS? Call the Commission on Human Relations at 312-744-4111 (Voice) or 312-744-1088 (TTY).

For Further Information on Mental Illnesses:

Alliance for the Mentally Ill

NAMI of Greater Chicago

1536 West Chicago Ave

Chicago, IL 60622

312-563-0445

Fax: 312-563-0467

namigc@aol.com

www.namigc.org

03/01