Illinois Human Rights Act Expanded to Provide State Court Jury Trials

Effective January 1, 2008, plaintiffs will have the ability to bring lawsuits under the Illinois Human Rights Act (IHRA) directly in the Illinois Circuit Courts. This major change, which was signed into law last month by Governor Rod R. Blagojevich, gives charging parties the right to choose between proceeding with their claim before the Illinois Human Rights Commission (the “Commission”) or filing a lawsuit in Circuit Court. Equally significant, individuals who choose to file a Circuit Court lawsuit are entitled to a jury trial and to seek all the remedies historically available under the IHRA, including actual damages, attorney’s fees and prejudgment interest in addition to back pay and reinstatement. Given the propensity of some Illinois juries to award significant monetary damages against employers, plaintiff’s lawyers are expected to seriously consider Illinois Circuit Court as an alternative to proceeding before the Commission.