| Term |
Definition |
| Administrative Law Judge (ALJ) |
A hearing officer who presides over a case, takes testimony, rules on questions of evidence, and makes factual and legal determinations. |
| Answer |
A verified (i.e., sworn or affirmed) written response by the respondent to the allegations appearing in the complaint. |
| Certificate of Service |
A written statement confirming that you gave a copy of a document filed with the Commission to all other parties in your case. The certificate of service must list the name and address of each attorney or party served with the document, the manner of service, and the date of service. |
| Charge |
A written statement alleging a violation of the Illinois Human Rights Act that is filed with the Department. If timely filed, the Department investigates whether there is substantial evidence to support the charge. |
| Commissioner |
A governor-appointed official who votes to decide matters in cases heard before a panel or en banc. |
| Complaint |
A written statement that is filed to start a case with the Commission’s Administrative Law Section. The complaint will generally state the nature of the alleged violation and the desired relief. |
| Complainant |
A person who files a complaint or a request for review with the Commission. |
| Department of Human Rights (the Department or DHR) |
The investigatory agency that accepts or initiates charges alleging violations of the Illinois Human Rights Act and determines whether there is substantial evidence of a violation to warrant filing a complaint with the Commission. |
| En Banc |
A French phrase meaning “in the bench” or “full bench,” that refers to meetings when all seven commissioners sit together rather than a panel of three. |
| Ex Parte |
A Latin phrase meaning “by or for one party.” An ex parte communication occurs when one of the parties to a case exchanges information with the assigned Administrative Law Judge (1) without the opposing party being present and (2) without the knowledge and consent of the opposing party. |
| Exceptions |
A written request that a panel review the ALJ’s ROD to determine if it was correct. |
| Final Order and Decision (FOD) |
The written decision that ends a case at the Commission. |
| Human Rights Commission (the Commission or HRC) |
The adjudicatory agency that holds hearings and issues decisions on complaints alleging violations of the Illinois Human Rights Act. The Commission also decides requests for review of the Department’s decision to dismiss a charge or hold a respondent in default. |
| Motion |
A written or oral request to an ALJ or panel for a desired relief, ruling, or order. |
| Panel |
A group of three commissioners assigned to rule on motions, decide requests for review and exceptions, and approve proposed settlements. |
| Petition for Rehearing |
After issuance of a panel decision, a written request that all commissioners re-hear a case. |
| Petition for Review |
A written request that the Illinois Appellate Court review the Commission’s FOD to determine if it was correct. |
| Pleading |
Any written document filed by a party in a case before the Commission’s Administrative Law Section. |
| Recommended Liability Determination (RLD) |
After a hearing and the submission of briefs, the ALJ’s written recommendation that finds a party liable for a violation of the Illinois Human Rights Act and directs the party to file a petition for fees or other further relief. The RLD is subsequently incorporated into the ROD. |
| Recommended Order and Decision (ROD) |
An ALJ’s written decision that includes findings of facts and conclusions of law, a discussion of the issues, and the ultimate determination of whether a violation of the Illinois Human Rights Act occurred. |
| Request for Review |
A written request that a panel review the Department’s decision to dismiss a charge or hold a respondent in default. |
| Respondent |
An individual, business, or organization against whom a charge or complaint is filed. In a request for review, the Department is the respondent and must defend its decision to dismiss a charge or hold the original respondent in default. |
| Substantial Evidence |
The standard used by the Department to determine whether there is sufficient evidence to allege that respondent committed a violation of the Illinois Human Rights Act. |
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