Illinois Employer Guidance for Requirements to Report Adverse Judgements and Administrative Rulings

In August 2019 expansions to the Illinois Human Rights Act (IHRA) included a requirement for employers to report adverse judgements, or administrative rulings regarding unlawful discrimination to the Illinois Department of Human Rights (IDHR).   The change became effective on July 1, 2020, with guidelines recently released by the IDHR listed below.

Employers must annually provide:

  1. The total number of adverse judgements or administrative rulings during the preceding year;
  2. Whether any equitable relief was ordered against the employer; and
  3. A categorical breakdown of the total number of adverse judgements or administrative rulings, along with the names of the alleged victims of harassment or discrimination.

Key definitions regarding these reporting requirements include the following:

Employer:  any person employing one or more employees within the state of Illinois.

Adverse Judgements or Administrative Rulings:  Final and non-appealable judgements against an employer for sexual harassment, or unlawful discrimination.

Categorical Breakdown:  Employers must identify discrimination/harassment based on: age, citizenship status (in regard to employment), marital status, order of protection, race, sex, unfavorable military discharge, ancestry, color, military status, physical/mental disability, religion, sexual harassment, arrest record, familial status (with respect to real estate transactions), national origin, pregnancy, retaliation, sexual orientation/gender identity.

For answers to FAQ’s about the new requirements, please visit the IDHR link below: