I assume from your question that you handled the federal claim on your own. I expect that is where the loss came in. The Department of Human Rights did not prepare the written and/or oral arguments on the defendant's summary judgment motion. Summary Judgment in federal court is a key stage of litigation with a host of very exacting rules. Successfully handling a summary judgment motion that without an attorney who know s the requisites to win is almost impossible for any layperson.
My suggestion to all in that position: hire an employment law attorney who will help you draft your Human Rights or EEOC charges and handle your case. Most will do that on a contingent basis, only being paid if you succeed. But as your situation seems to illustrate, better to be represented than not.
John Malkinson/ Malkinson & Halpern, P.C.
If the foregoing comments or response have been helpful, kindly so-indicate by clicking the “Mark as helpful” icon, below. LEGAL DISCLAIMER: Mr. Malkinson is an attorney licensed to practice law in Illinois. His foregoing comments and response do not constitute legal advice and do not create an attorney/client relationship between him or his law firm and those posting the inquiries about which he has responded or commented, or those viewing his comments/responses. His comments or responses are in the form of legal education and are intended to provide general information only about the matter within the question.
No, you cannot sue them. You should have retained counsel for your underlying case. Perhaps you still can but suing HR does not solve your problem and is probably not possible in any event.
In the first instance, there is nothing in your question that indicates that human rights let you down the wrong path. Furthermore, suing a state agency is very difficult to do, and based on what you have in your question, I see no cause of action.
There may be something that can be done to repair the situation – although I doubt it – and you should probably consult with an employment attorney.
If you found this Answer to be helpful, please mark it as such. Remember, however, free advice is worth every penny you paid for it. This is only generalized commentary on your question. It is not to be taken as legal advice. I am a lawyer – but not your lawyer! Even "in person" interviews leave attorneys with plenty of questions – the Internet makes it crazy! Thank you Chuck Watson 217.544.6165