On August 15, 2025, Illinois Governor J.B. Pritzker signed Senate Bill 2487 into law, amending the Illinois Human Rights Act ("IHRA"), 775 ILCS 5/7A-102. Among other reforms going into effect on January 1, 2026, the legislation fundamentally changes how the Illinois Department of Human Rights ("IDHR" or the "Department") processes charges of discrimination.
Most notably, the law eliminates mandatory fact-finding conferences. For decades, these conferences were a hallmark of the Department's investigative approach, giving complainants, respondents, and the agency a chance to gather information early, test the strength of claims, and sometimes even prompt informal resolution. Their removal will change how employers, employees, and practitioners must navigate discrimination charges in Illinois.
Fact-Finding Conferences Generally
A fact-finding conference is essentially an informal, investigative meeting in which the Department brings the parties together to discuss the allegations in the charge of discrimination. The investigator can question witnesses, review documentary evidence, and attempt to clarify disputed facts. While not a mediation, these conferences often create opportunities for early settlement discussions. For employers, they also offer a critical chance to gain insight into the complainant's allegations and to present documents and testimony before the Department issues a determination.
From Mandatory to Discretionary Fact-Finding Conferences
Prior to Senate Bill 2487, fact-finding conferences were mandatory for nearly every charge of discrimination. An employer could only avoid this requirement if the charge was dismissed early, the Director issued a determination of substantial evidence, or the parties voluntarily agreed to waive the conference in writing. Nonattendance without good cause could result in dismissal of the charge or default judgment.
With the passage of the amendment, fact-finding conferences will be optional and occur only in limited circumstances.
If both the complainant and the respondent wish to have a fact-finding conference, they must make that request in writing within ninety (90) days of the charge being filed. Importantly, agreeing to a conference also means agreeing to extend the Department's investigative deadline by an additional 120 days, giving the Department more time to complete its review. Even if the parties do not request one, the Department still has discretion to convene a conference on its own if it believes doing so would help clarify the case or resolve factual disputes.
The procedural rules surrounding attendance remain in place. If a conference is scheduled, the parties must appear. A complainant who fails to attend without good cause risks dismissal of the charge, while an employer who fails to appear can be held in default.
Rationale Behind the Switch to Discretionary Fact-Finding Conferences
The legislature cited efficiency and backlog reduction as central reasons for eliminating mandatory fact-finding conferences. The Department has long struggled with processing times, and fact-finding conferences have historically been resource-intensive.
The amendment also brings Illinois more in line with federal practice, where charges of discrimination are typically investigated through written position statements, document requests, and interviews.
Impacts on Employers
- Position Statements Matter More Than Ever: Without a guaranteed fact-finding conference, employers lose the chance to "fill in the gaps" or clarify their story in person. This means that the position statement and its supporting documentary evidence will likely carry more weight. Employers assume these filings will be the primary record on which the IDHR bases its determination.
- Employers Face a Critical Choice: Employers must decide whether a fact-finding conference helps or hurts their case. Opting in would give employers the opportunity to see the complainant's testimony and test their credibility, the chance to directly explain their defenses to the investigator, and a possible opening for early settlement. On the other hand, opting in extends the IDHR's timeline by 120 days, prolonging uncertainty, gives the complainant a platform to expand or refine their claims, and increases legal fees and preparation time.
- Fewer Early Settlement Opportunities: Employers can no longer count on fact-finding conferences to provide an informal settlement forum. Instead, employers who are open to early resolution should explore the Department's voluntary mediation program or work with counsel to negotiate directly with the complainant.
If you have questions regarding this recent amendment to the IHRA, or if you currently have a charge of discrimination pending against you in the IDHR, please contact Sheppard Mullin's Labor and Employment Practice Group.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
