On August 15, 2025, Governor J.B. Pritzker signed Senate Bill 2487, amending the Illinois Human Rights Act ("IHRA") to make two key changes of which Illinois employers should be aware. The new law takes effect January 1, 2026, and applies to all charges filed or pending on or after August 15, 2025.
- Fact-Finding Conferences Are No Longer Mandatory
Previously, every charge filed with the Illinois Department of Human Rights ("IDHR") required a fact-finding conference—a meeting in which both parties appeared and responded to questions from an IDHR investigator.
Following the amendment, fact-finding conferences will be discretionary. A conference will only occur if:
- Both the complainant and the respondent submit a written request within 90 days after the charge is filed; and
- The parties agree in writing to grant the IDHR an additional 120 days to complete its investigation.
If the IDHR issues its investigative report before both requests are received, no fact-finding conference will take place. The IDHR also retains discretion to require a conference even if neither party requests one, but such conferences are expected to occur far less frequently going forward.
The amendment gives employers and complainants a new strategic choice at the outset of an IDHR investigation—whether to request a fact-finding conference or proceed without one. Skipping the conference may reduce costs and time commitments involved in dealing with an IDHR charge; however, participation in a fact-finding conference has its utility, as the conference may help clarify the factual issues alleged by the employee or encourage early resolution. Employers should consult counsel promptly after receiving a charge to evaluate the best approach.
- New Civil Penalties Authorized
The amendment also gives the Illinois Human Rights Commission ("IHRC") new authority to impose civil penalties "to vindicate the public interest" for each act that constitutes a civil rights violation under the IHRA.
Although both the IDHR and the IHRC enforce the IHRA, they serve different functions. The IDHR investigates charges of discrimination and issues findings on whether substantial evidence supports a violation. If the IDHR finds substantial evidence and the matter is not resolved, the case may proceed to the IHRC, which serves as the adjudicative body. The IHRC conducts hearings and issues final decisions on liability—and the new civil penalties apply only at that stage, after a finding of a violation.
The maximum penalty depends on the employer's history of prior violations:
- Up to $16,000 per act per aggrieved party for a first violation;
- Up to $42,500 for a second violation within five years; and
- Up to $70,000 for two or more violations within seven years.
If the same individual committed both the current and prior violation, the higher penalty levels may apply even if the prior violation occurred outside those timeframes.
The addition of these penalties increases the potential financial exposure in cases brought under the IHRA. Employers must remain vigilant: robust anti-discrimination and anti-harassment policies, training, documentation, and consistent enforcement are more important than ever.
What Employers Should Do Now
- Review internal procedures for responding to claims of discrimination or harassment, including IDHR charges.
- Engage counsel early to make informed, strategic decisions about whether to request a fact-finding conference.
- Monitor IDHR guidance on how it will exercise discretion to require or decline conferences.
- Reinforce anti-harassment and anti-discrimination compliance measures in light of the new penalty structure.
Takeaways
Illinois has moved from a mandatory to a discretionary model for fact-finding conferences, giving employers greater flexibility in responding to discrimination charges. At the same time, the addition of new civil penalties raises the stakes for compliance. Early engagement with counsel and proactive workplace training and policies remain the best way to manage risk.
