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Step Four: Wait for a decision about your Request for Review
- I filed the Request for Review. What happens now?
- Will other people and agencies give the Commission information about my case?
- Do I have to file a reply to the Department’s response? What do I put in it?
- How long will it take for the Commission to make a decision about my case?
- Is there a way I can talk to the Commissioners about my case?
- What kind of decisions can the Commission make about my case?
- What if I don’t agree with the Commission’s decision?
- What if the Commission changes the Department’s dismissal? Does that mean that I win my case?
An attorney from the Commission’s Office of the General Counsel takes a fresh look at the case. The attorney will look at your original charge and the information and evidence you include in your Request for Review. The attorney will make a legal recommendation to a panel of three Commissioners. The Commissioners will make a final decision about your case. They will look at the recommendation and use their own expertise to make this decision.
The Department always files a response to your Request for Review. They have 30 days to do this. The Department must send you a copy of their response. You have 15 days to file a reply to the Department’s response.
The person, business, or organization you made a charge against also may file a response to your Request for Review (called a “position statement”). They have 15 days after they receive the Department’s response to do this. They must send you a copy of their position statement. You cannot file a reply to the position statement.
No, you can choose whether to file a reply to the Department’s response. If you decide to file a reply, you can respond to the issues or arguments covered in the Department’s response. File your reply the same way you file the Request for Review. Go to the “Step Three: File your Request for Review” page to learn more.
The Commission needs at least six months to review your case and make a decision. The Commission may take more time depending on the number of cases before it.
You cannot talk to the Commissioners about your case or argue your case in front of the Commissioners.
However, you can attend Commission meetings and listen while the Commissioners discuss your case. Commission meetings are open to the public. Go to the “Commission Meetings” page to find the dates and times for future meetings. You also can see the agendas with the list of cases set for the meetings.
The Commission can:
1. change the Department’s dismissal because they find substantial evidence of discrimination (this means your case can move forward),
2. agree with the Department’s dismissal, or
3. send the case back to the Department for more investigation.
You can appeal the Commission’s decision to the Illinois Appellate Court. Go to the “Resources for Self-Represented Litigants in Civil Appeals” page of the Access to Justice Commission’s website to get more information.
Your case can now move forward in a court. You can:
1. file your case in the Commission’s Administrative Law Section (go to the “Administrative Law Section” page to get more information), or
2. file your case in the appropriate circuit court.