HB 5068 Illinois House · 104th Regular Session

IDHR PROCEDURAL CHANGES

Summary
Amends the Illinois Human Rights Act. Provides that for charges alleging violations under the Equal Employment Opportunity Commission or the Illinois Human Rights Act, if the EEOC issues a right to sue, the Department will issue a Departmental right to sue. Provides that if the complainant does not file a written request with the Department to review the EEOC's determination within 35 days after receipt of the Department's notice, the Department shall issue to the complainant, within 10 business days after the expiration of the 35-day period, a Departmental right to sue notice stating that the complainant has the right, within 90 days after receipt of the Department's notice, to either file the complainant's own complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court. Requires the Department, within 10 days of the date on which the charge was filed, to serve a copy of the charge on the respondent and provide all parties with a notice of the complainant's right to opt out of the investigation within 60 days to commence an action in circuit court and the complainant's right to request a Departmental right to sue notice after 60 days has elapsed to file in the Human Rights Commission or commence a civil action in circuit court. Provides that within 10 business days of receipt of the complainant's request to opt out of the investigation, the Director shall issue an opt out notice to commence an action in circuit court to the parties. Provides that a Departmental right to sue notice does not constitute a finding of substantial evidence or of a lack of substantial evidence. Requires that any Departmental right to sue notice to state that the complainant shall have 90 days from the date of receipt of the notice to either file the complainant's own complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court.
Bill status passed 3 of 5 stages cleared
Introduction
Apr 2026
Committee Review
May 2026
House Passage
Apr 2026
Senate Passage
Governor
Introduced Apr 15, 2026 Last action May 22, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 3 edits · Apr 14, 2026
MINOR
This bill updates the Illinois Human Rights Act to clarify how the Department handles discrimination charges when the federal EEOC has already issued a 'right to sue' notice. It establishes a new process where the Department automatically issues its own right to sue notice if the complainant does not request a review within 35 days, ensuring individuals can still file lawsuits or complaints with the Human Rights Commission without unnecessary delays.
Scope change
The bill expands the Department's authority to issue independent 'right to sue' notices in cases where the EEOC has already done so, specifically addressing scenarios where the EEOC issues a notice without making a formal 'reasonable cause' finding.
REQUIREMENT

Added a mandatory 35-day window for complainants to request a Departmental review of an EEOC determination; if no request is made, the Department must automatically issue a right to sue notice.

TIMELINE

Clarified that the Department must issue its right to sue notice within 10 business days after the 35-day review period expires if no review is requested.

ENFORCEMENT

Added specific instructions for the Department to notify parties when an EEOC right to sue notice is received, outlining the automatic adoption of the EEOC's dismissal as a lack of substantial evidence unless a review is requested.

Floor votes · House Apr 14, 2026

How they voted

7239
Passed · 7 other
Total votes 118
Apr 14, 2026
D Democratic78
72 Yea 1 Nay 5
92% Yea
R Republican40
38 Nay 2
95% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
27
Key actions
7
Committee
11
Amendments
2
May 22, 2026
Committee
Rule 3-9(a) / Re-referred to Assignments
upper
May 15, 2026
Upper · Passed
Rule 2-10 Committee Deadline Established As May 22, 2026
upper
May 12, 2026
Committee
Assigned to Executive
upper
May 12, 2026
Upper · Passed
Rule 2-10 Committee Deadline Established As May 15, 2026
upper
Apr 17, 2026
Committee
Referred to Assignments
upper
Apr 15, 2026
Introduced
Arrive in Senate
upper
Apr 14, 2026
Lower · Passed
Third Reading - Short Debate - Passed 072-039-000
lower
Apr 14, 2026
Lower · Passed
House Floor Amendment No. 1 Adopted
lower
Apr 8, 2026
Lower · Passed
House Floor Amendment No. 1 Recommends Be Adopted Immigration & Human Rights Committee; 008-004-000
lower
Apr 7, 2026
Lower · Passed
House Floor Amendment No. 1 Rules Refers to Immigration & Human Rights Committee
lower
Mar 26, 2026
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
Mar 26, 2026
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. Tracy Katz Muhl
lower
Mar 25, 2026
Lower · Passed
Do Pass / Short Debate Immigration & Human Rights Committee; 007-003-000
lower
Feb 24, 2026
Committee
Assigned to Immigration & Human Rights Committee
lower
Feb 10, 2026
Committee
Referred to Rules Committee
lower
1 primary · 1 co-sponsor

Sponsors