Significant procedural and enforcement changes to the Illinois Human Rights Act (“IHRA”) took effect on January 1, 2026, altering how discrimination charges are investigated and increasing potential exposure for employers.
First, fact-finding conferences before the Illinois Department of Human Rights (“IDHR”) will no longer be mandatory. Instead, participation will be discretionary. While some employers may welcome the ability to avoid the time and expense traditionally associated with these conferences, others may still view them as a valuable opportunity to assess claims early and explore resolution before litigation ensues. Employers wishing to pursue a fact-finding conference must act quickly: participation requires the charging party’s agreement within 90 days of the date the charge was filed and before the IDHR issues its investigative report. The parties must also agree in writing to extend the IDHR’s investigation period by up to 120 additional days.
Second, the potential financial consequences of an adverse IDHR finding increase substantially beginning in 2026. Where the IDHR finds substantial evidence of an IHRA violation, the Illinois Human Rights Commission is now authorized to impose significant civil penalties in addition to existing remedies available to the charging party. These penalties escalate based on an employer’s violation history over a seven-year lookback period. First-time violations may result in fines of up to $16,000. Employers with one prior violation within the past five years may face penalties of up to $42,500, while those with two or more violations within the past seven years may be subject to fines as high as $70,000.
Because these enhanced penalties apply to charges filed with or pending before the IDHR on or after January 1, 2026, employers should carefully evaluate their practices and response strategies to minimize risk. Proactive compliance efforts and early legal guidance can be critical in reducing exposure.
If you have questions about these changes or need assistance navigating the IDHR process, we are available to help. Please contact our office at info@tristancervantes.com or 312-345-9200 if you would like to schedule a consultation.
