Section 325.100  Criteria for Referral to IDHR

IDOL may refer an EPA Complaint to IDHR pursuant to EPA Section 15(d) if the EPA Complaint meets the following criteria:

a)         The EPA Complaint alleges facts that, if proven, would also constitute a violation of the IHRA or if, during the investigation of the EPA Complaint by IDOL, IDOL discovers evidence of a violation of the IHRA; 

b)         The EPA Complaint was filed with IDOL within 180 days after the alleged violation;

c)         The EPA Respondent has 15 or more employees, or is the State, a political subdivision of the State, or a municipal corporation or other governmental unit or agency; and

d)         The EPA Complainant has indicated to IDOL a desire to also file an IDHR Charge of Discrimination or the EPA Complainant has already filed an IDHR Charge of Discrimination with IDHR.