The copy appears to be a preliminary draft of the conclusion section of the investigation report, is unsigned, and reflects a recommended finding of substantial evidence on this issue. The theory of disparate impact, the theory under which the complainant proceeds as to this part of his charge, has been expressly recognized in considering alleged violations of the Illinois Human Rights Act and its predecessor provisions. 21 Ill. App. A prima facie case of discrimination is established under this theory when the complainant can show that an employment practice, while facially neutral, has a significant discriminatory impact on the minority group to which the complainant belongs. 163 Ill. App.
Statistical evidence is essential to a prima facie case.
Our review, including that of the original findings, reveals that the complainant has failed to offer any evidence to support this aspect of his charge of discrimination. The complainant's premise, though testable, does not constitute substantial evidence. As a result, we are not troubled by the Department's lack of investigation into the question of whether such a practice or policy even exists and consider the Department's investigation on the issue of the complainant's race related to his arrest record to have been adequate. 1990CF2483 alleging discrimination based on race related to arrest. 1990CF2483 alleging discrimination based on race related to arrest, on the ground of lack of substantial evidence, is sustained.