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Practice Of Real EstateFair_housingHARD

After the Illinois Department of Human Rights makes a substantial-evidence finding in a housing discrimination case, which enforcement paths are available to the complainant?

Correct Answer

D) The complainant may elect to proceed before the Illinois Human Rights Commission or file in circuit court, and the Illinois Attorney General represents the Department in circuit court proceedings.

Under the Illinois Human Rights Act (775 ILCS 5/8-104 and 5/8-111), once the IDHR issues a substantial-evidence finding, the complainant has the right to elect between two forums: an administrative hearing before the Illinois Human Rights Commission (IHRC) or a civil action in circuit court. Under 775 ILCS 5/8-111(D), the Illinois Attorney General represents the Department in any circuit court proceedings, providing the complainant with legal representation in that forum.

Answer Options
A
The complainant may only pursue the matter through the Illinois Human Rights Commission; circuit court is not an available forum.
B
The complainant may only file in circuit court; the administrative hearing process before the Illinois Human Rights Commission is not available once a substantial-evidence finding is made.
C
The complainant must wait for the Illinois Attorney General to initiate proceedings; neither the Commission nor circuit court is directly accessible to the complainant.
D
The complainant may elect to proceed before the Illinois Human Rights Commission or file in circuit court, and the Illinois Attorney General represents the Department in circuit court proceedings.

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Related Topics & Key Terms

Key Terms:

definitiondifficulty_4enforcementenforcement_penaltiesfair_housingfair_housing_enforcement_and_remediesihrcillinois_state

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