Section 429.4  Employment Discrimination Complaints

a)         Complaints of alleged employment discrimination shall be resolved informally whenever possible.  If an employee or applicant for employment believes discrimination has occurred, the complainant should contact the Department administrator responsible for affirmative action to discuss the matter.  This initial contact (if other than in writing) is to be followed by a written statement of the complaint being filed with the Department administrator responsible for affirmative action.  No complaint shall be accepted for investigation if not filed with the Department's administrator responsible for affirmative action within 180 days of the alleged discriminatory acts.

b)         The written complaint should provide information to adequately explain the alleged discriminatory acts.  If the complaint does not set forth enough information concerning the alleged discriminatory acts, the Division of Diversity and Equity will attempt to contact the complainant to secure additional information.  Within 5 working days following the filing of the complaint, a staff person from the Division of Diversity and Equity will initiate an investigation of the complaint.  Upon completion of the investigation (within 30 work days) a determination as to whether evidence exists to support or not support the charges, as filed, will be made.  Within 5 work days following the completion of the investigation, the complainant and regional or unit administrator shall be notified by the Division of Diversity and Equity, in writing, of the determination.  The written notification to the regional or unit administrator will include the remedial measures, if any, which should be implemented within 10 work days of the receipt of such notice.  If the complainant is dissatisfied with the findings of the investigation, and/or the recommended remedial action, the complainant will be informed of other available avenues for resolving complaints.

c)         The relief provisions provided above shall be the exclusive Departmental procedure for persons complaining of Department discriminatory acts in employment but shall not be construed as limiting a person's right to utilize existing legal remedies.  A person complaining of any manner of employment discrimination also has the right to file complaints with the Illinois Department of Human Rights, and the U.S. Equal Employment Opportunity Commission.

(Source:  Amended at 46 Ill. Reg. 11304, effective June 16, 2022)