Section 320.200  Complaints

a)         An employee, job applicant, former employee, or, for the purposes of an alleged violation of subsection (b-25) of Section 10 of the Act, any person that claims to be aggrieved by a violation of that subsection,  may file a complaint alleging a violation of the Act by submitting a signed, completed complaint form.  The Department may also initiate an investigation. [820 ILCS 112/15]

b)         Time Limit and Contents for Filing

1)         All complaints shall be filed with the Department within one year from the date of the relevant violation.  The complaint shall be deemed filed as of the date it is received by the Department. [820 ILCS 112/15(b)]

2)         To the extent possible, a complaint shall be in such detail as to substantially apprise the Department and the parties of the dates, place, parties, and facts with respect to the alleged violation of the Act.

c)         Jurisdiction

1)         At the time of filing, the Department shall determine initially whether the allegations in the complaint sufficiently state a claim under the Act so that the Department can proceed with the investigation. If, at the time of filing, or at any subsequent time, it is determined that there is a lack of jurisdiction, the complaint shall be dismissed.  All parties shall be notified of the dismissal pursuant to Section 320.160.

2)         For alleged violations of all subsections except Section 10(b-25) of the Act, jurisdiction may exist where an employer has any number of employees who physically work, at least in part, either at an Illinois work site or outside of Illinois but reporting directly to a supervisor, office, or other work site in Illinois.

3)         For alleged violations of Section 10(b-25) of the Act, jurisdiction may exist when an employer with 15 or more employees in any place announces, posts, publishes or otherwise makes known a specific job posting for a position that will be physically performed either:

A)        in Illinois (at least in part); or

B)        outside of Illinois but the position reports to a supervisor, office, or work site in Illinois.

4)         When determining whether jurisdiction exists for any given alleged violation for which the physical location of the work presents a jurisdictional question, the Department may consider:

A)        The amount of work performed in Illinois compared to the amount of work performed outside of Illinois;

B)        Whether the work performed inside of Illinois is isolated, temporary, or transitory; or

C)        Whether the work performed outside of Illinois is of the same nature or has the same duties of the work performed in Illinois.

5)         Jurisdiction regarding actions arising under Section 11 of the Act are addressed in Subpart H of this Part.

d)         Referral to the Illinois Department of Human Rights

1)         The Department may refer a complaint alleging a violation of the Act to the Department of Human Rights for investigation if the subject matter of the complaint also alleges a violation of the Illinois Human Rights Act and the Department of Human Rights has jurisdiction over the matter. When a complaint is referred to the Department of Human Rights under this subsection (d)(1), the Department of Human Rights shall also file the complaint under the Illinois Human Rights Act and be the agency responsible for investigating the complaint. The Department shall review the Department of Human Rights' investigation and findings to determine whether a violation of the Act has occurred or whether further investigation by the Department is necessary and take any necessary or appropriate action required to enforce the provisions of the Act. [820 ILCS 112/15(c)]

2)         If, at the time of filing, or at any subsequent time while the matter is pending with the Department of Labor, it is determined that the subject matter of the complaint also alleges a violation of the Illinois Human Rights Act, the Department may refer the complaint to the Department of Human Rights to be processed pursuant to 56 Ill. Adm. Code 325 (Joint Rules of the Department of Labor and the Department of Human Rights:  Rules on Investigation of Equal Pay Act Cases).

(Source:  Amended at 50 Ill. Reg. 8918, effective June 18, 2026)