Free Evaluation
Free Evaluation

Illinois Workplace Discrimination Laws: Know Your Rights Under IHRA

Workplace discrimination occurs when an employer treats you unfavorably because of your race, sex, age, disability, religion, or other protected characteristics. In Illinois, workers enjoy stronger protections than federal law provides through the Illinois Human Rights Act (IHRA).

While federal anti-discrimination laws (Title VII, ADA, ADEA) protect workers at companies with 15-20+ employees, the Illinois Human Rights Act covers employers with just 1 or more employees and protects more characteristics than federal law—including marital status, military discharge status, and arrest records.

If you’ve been discriminated against at work in Illinois, understanding your IHRA rights and how they exceed federal protections is critical to protecting yourself and pursuing remedies.

Illinois Human Rights Act (IHRA): Your Primary Protection

The Illinois Human Rights Act is the state’s comprehensive anti-discrimination law, providing broader coverage than federal law in three critical ways:

1. Smaller Employer Coverage

IHRA applies to employers with 1 or more employees

This is a massive advantage over federal law:

Law Employer Size Requirement
Illinois Human Rights Act 1+ employees
Title VII (race, sex, religion, national origin) 15+ employees
ADA (disability) 15+ employees
ADEA (age) 20+ employees

What this means: If you work for a 5-person company in Illinois and experience race discrimination, you have no federal protection (Title VII requires 15+ employees) but you do have IHRA protection.

Example: You work at a 3-person dental office. Your dentist-boss fires you because of your race, saying he wants “staff that better represents our clientele.” Federal Title VII doesn’t apply (only 3 employees), but the Illinois Human Rights Act does apply and prohibits this race discrimination.

2. More Protected Characteristics

IHRA protects characteristics federal law doesn’t

Illinois law prohibits discrimination based on:

Protected by both IHRA and federal law:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy, sexual orientation, gender identity)
  • National origin
  • Ancestry
  • Age (40+ under federal ADEA; IHRA protects all ages in some contexts)
  • Disability (physical and mental)

Protected by IHRA but NOT federal law:

  • Marital status – Can’t discriminate for being married, single, divorced, widowed
  • Military status or unfavorable military discharge – Protects veterans with less-than-honorable discharges
  • Order of protection status – Can’t discriminate against domestic violence victims with protective orders
  • Citizenship status (with exceptions for legal requirements)
  • Arrest record (with limitations – conviction records can be considered in some contexts)

Example: Your employer learns you’re going through a divorce and fires you, saying “we don’t want that personal drama affecting the workplace.” This is legal under federal law (marital status isn’t federally protected) but illegal under IHRA (marital status is protected in Illinois).

3. No Damage Caps

IHRA allows unlimited compensatory and punitive damages

Federal discrimination laws cap damages based on employer size:

Employer Size Federal Damage Cap IHRA Cap
15-100 employees $50,000 No cap
101-200 employees $100,000 No cap
201-500 employees $200,000 No cap
500+ employees $300,000 No cap

What this means: In a strong Illinois discrimination case, you can recover your actual damages (emotional distress, mental anguish, reputational harm) plus punitive damages without artificial limits. Federal claims are capped.

Example: You prove severe sex discrimination and retaliation at a 100-employee company. Jury awards $500,000 in compensatory damages (emotional distress, therapy costs, reputational harm) and $750,000 in punitive damages (to punish egregious conduct). Under federal Title VII, damages would be capped at $100,000 total. Under IHRA, you receive the full $1,250,000.

Protected Characteristics Under Illinois Law

Race and Color

Discrimination based on race or skin color is illegal under both IHRA and federal Title VII.

Illegal conduct includes:

  • Refusing to hire because of race
  • Firing due to racial bias
  • Racial slurs and harassment
  • Segregating employees by race
  • Denying promotions to certain racial groups
  • Unequal pay based on race

Example: Your manager consistently assigns the most desirable clients to white sales associates while assigning predominantly minority clients to Black and Latino associates, resulting in lower commissions for non-white employees. This is illegal race discrimination under IHRA.

Sex, Pregnancy, and Gender

IHRA prohibits discrimination based on sex, which Illinois courts and the IDHR interpret broadly to include:

Protected:

  • Biological sex (male/female)
  • Pregnancy, childbirth, and related medical conditions
  • Sexual orientation (gay, lesbian, bisexual)
  • Gender identity and expression (transgender, non-binary)

Illegal conduct includes:

  • Firing or demoting pregnant employees
  • Refusing to hire women for “male-dominated” jobs
  • Sexual harassment (quid pro quo or hostile environment)
  • Denying leave for pregnancy or childbirth
  • Discriminating against LGBTQ+ employees
  • Refusing to use employee’s correct pronouns
  • Enforcing gender-based dress codes discriminatorily

Example: You inform your employer you’re pregnant. Two weeks later, you’re laid off while less qualified male coworkers are retained. Your manager tells HR “we can’t have someone who’ll be out on maternity leave.” This is pregnancy discrimination illegal under IHRA.

Religion

IHRA prohibits religious discrimination and requires reasonable accommodation of sincerely held religious beliefs.

Illegal conduct:

  • Refusing to hire because of religion
  • Firing for religious practices or beliefs
  • Religious harassment or slurs
  • Refusing reasonable accommodation (unless undue hardship)

Reasonable accommodation examples:

  • Time off for religious observances (Sabbath, religious holidays)
  • Prayer breaks during workday
  • Religious dress/grooming (hijab, turban, beard, religious jewelry)
  • Exemption from tasks that conflict with religious beliefs

Example: You’re a practicing Muslim who needs 10-15 minutes twice during your shift to pray. Your employer refuses, saying “we don’t do special treatment.” If accommodation wouldn’t cause undue hardship (which brief prayer breaks typically don’t), this refusal violates IHRA.

National Origin and Ancestry

Discrimination based on country of origin, ethnicity, accent, or ancestry is illegal.

Illegal conduct:

  • “English-only” rules (unless business necessity)
  • Accent discrimination
  • Ethnic slurs and harassment
  • Denying opportunities based on foreign origin
  • Treating immigrant workers worse than U.S.-born employees

Example: Your employer implements a policy prohibiting employees from speaking Spanish during breaks and lunch, even when not interacting with customers. Unless the employer can show compelling business necessity, this blanket “English-only” policy violates IHRA.

Age

Illinois law protects workers from age discrimination:

Federal ADEA: Protects workers 40+ at employers with 20+ employees
Illinois IHRA: Protects workers at employers with 1+ employees (age protection applies to 40+ similar to federal law, but some IHRA provisions protect all ages)

Illegal conduct:

  • Firing older workers to hire younger
  • Age-based harassment (“too old,” “dinosaur,” “overqualified”)
  • Denying training or promotion due to proximity to retirement
  • Targeting older workers in layoffs
  • Forced retirement policies (with narrow exceptions)

Example: During a restructuring, your company lays off 12 of 15 employees over age 50 while retaining 18 of 20 employees under 35, including several with worse performance reviews than laid-off older workers. This statistical disparity suggests age discrimination under IHRA.

Disability

IHRA prohibits disability discrimination and requires reasonable accommodation similar to federal ADA.

Protected: Physical and mental disabilities that substantially limit major life activities

Illegal conduct:

  • Refusing to hire qualified individuals with disabilities
  • Firing because of disability
  • Denying reasonable accommodation
  • Harassment based on disability
  • Asking disability-related questions before job offer

Reasonable accommodation examples:

  • Modified work schedules
  • Telework arrangements
  • Accessible workspace modifications
  • Assistive technology
  • Modified job duties (if doesn’t cause undue hardship)

Example: You have a documented anxiety disorder and request to work from home 2 days per week as a reasonable accommodation. Your job duties can be performed remotely. Your employer denies the request without analysis or discussion. This likely violates IHRA’s reasonable accommodation requirement.

Marital Status (Illinois-Only Protection)

IHRA uniquely protects marital status – not covered by federal law.

Protected:

  • Married
  • Single
  • Divorced
  • Widowed
  • Separated

Illegal conduct:

  • Firing someone for getting married or divorced
  • Refusing to hire single parents
  • Treating married employees differently than single employees
  • Anti-nepotism policies applied discriminatorily
  • Denying benefits based on marital status

Example: Your employer has an unwritten policy against promoting single mothers, believing they’re “unreliable due to childcare issues.” You’re repeatedly passed over for promotion despite superior qualifications. This marital status (and sex) discrimination violates IHRA but would have no federal protection.

Military Status and Unfavorable Discharge

Illinois protects military status, including those with less-than-honorable discharges.

Illegal conduct:

  • Refusing to hire veterans
  • Discriminating based on type of military discharge
  • Denying reemployment rights after military service
  • Harassment based on military service

Example: You apply for a warehouse position. You’re highly qualified but have a general (under honorable conditions) discharge from the military. The employer refuses to hire you solely because of the discharge status. This violates IHRA.

Order of Protection Status

Illinois protects domestic violence victims with orders of protection.

Illegal conduct:

  • Firing someone for having a protective order
  • Refusing to hire because of order of protection
  • Disciplining employees who need time off for protection order hearings

Example: Your employer learns you have an order of protection against an abusive ex-partner and fires you, saying “we can’t have that drama here.” This violates IHRA’s protection for order of protection status.

Arrest Record (Limited Protection)

IHRA limits use of arrest records (though conviction records can be considered).

General rule: Employers can’t discriminate based on arrests not leading to conviction.

Exceptions: Employers can consider arrests if:

  • Pending criminal charges
  • Directly related to job (e.g., theft arrest for accounting job)
  • Recent and unresolved

Example: You were arrested 5 years ago for shoplifting but charges were dropped. Your employer fires you upon learning of the arrest. Since there was no conviction and it’s not recent or job-related, this likely violates IHRA.

What Workplace Discrimination Looks Like

Discrimination can be obvious (explicit bias) or subtle (disparate treatment, patterns).

Hiring Discrimination

Red flags:

  • Job ads seeking specific demographics (“recent college grads,” “digital natives”)
  • Interview questions about protected characteristics (age, marital status, religion, disability)
  • Refusing to hire qualified applicants from protected groups
  • Different interview standards based on protected characteristics

Example: During your interview, the hiring manager asks “Do you have children?” and “Are you planning to get pregnant?” Two weeks later, you receive a rejection despite being the most qualified candidate. The position goes to a less qualified male applicant. These pregnancy/sex-based questions suggest discriminatory motive.

Termination Discrimination

Red flags:

  • Firing shortly after employer learns of protected characteristic
  • Pretextual reasons contradicted by evidence
  • Similarly situated employees outside protected class treated better
  • Discriminatory comments around time of termination

Example: You inform your employer you need reasonable accommodation for a disability. Within a week, you’re fired for “poor performance” despite recent excellent performance reviews. Meanwhile, non-disabled coworkers with actually poor performance are retained. The temporal proximity and pretextual reason suggest disability discrimination.

Promotion and Opportunity Discrimination

Red flags:

  • Consistent pattern of promoting only certain demographics
  • Equally or less qualified employees outside your protected class promoted instead
  • Vague explanations like “cultural fit” or “leadership potential”
  • Exclusion from high-visibility projects or training

Example: Your company promotes 15 employees to management over 3 years. All 15 are white men. Multiple qualified women and people of color applied but were told they lacked “executive presence” or weren’t “leadership material.” This pattern suggests systemic race and sex discrimination.

Compensation Discrimination

Red flags:

  • Pay disparities between protected and non-protected groups for substantially equal work
  • Lower starting salaries offered to protected groups
  • Discriminatory bonus or commission structures
  • Denying pay raises to certain groups

Example: You discover that male colleagues in your same role with the same experience earn $15,000-$20,000 more than you. When you raise this with HR, you’re told the men “negotiated better.” Research shows the company systematically pays women less than men for equal work. This is sex-based pay discrimination violating IHRA and the Illinois Equal Pay Act.

Harassment Creating Hostile Work Environment

Illegal harassment based on protected characteristics can create unlawful hostile work environment:

Elements:

  • Unwelcome conduct based on protected characteristic
  • Severe or pervasive enough to create abusive environment
  • Employer knew or should have known and failed to act

Examples:

  • Racial slurs, jokes, or epithets
  • Sexual advances, requests for sexual favors, sexual comments
  • Religious mockery or proselytizing after requests to stop
  • Disability-based mockery or comments
  • Displaying offensive images (confederate flags, pornography, religious symbols used offensively)

Example: Your coworkers regularly make racist jokes and comments about your national origin. You’ve complained to your supervisor multiple times, but he laughs it off saying “they’re just joking around.” This creates a hostile work environment based on race/national origin, and the employer’s failure to stop it violates IHRA.

How to Prove Discrimination

Discrimination cases rarely involve direct admissions. Most rely on circumstantial evidence.

Direct Evidence

Explicit statements or policies showing bias:

  • “We don’t hire women for this position”
  • “You’re too old for this job”
  • Written policy discriminating based on protected class
  • Discriminatory job advertisements

Example: Your manager emails HR stating “Let’s not promote [your name], she’ll probably get pregnant soon.” This email is direct evidence of sex/pregnancy discrimination.

Circumstantial Evidence (McDonnell Douglas Framework)

Most discrimination cases use this burden-shifting framework:

Step 1: You prove prima facie case

  • You’re in a protected class
  • You were qualified for the position/job
  • You suffered adverse action (fired, not hired, not promoted, etc.)
  • Circumstances suggest discrimination (replaced by someone outside your protected class, similarly situated employees treated better, etc.)

Step 2: Employer must provide legitimate, non-discriminatory reason

  • “We fired her for poor performance”
  • “We promoted the other candidate because of superior qualifications”

Step 3: You prove employer’s reason is pretext (cover-up)

  • Reason is factually false
  • Reason wasn’t the real motivation
  • Reason is inconsistent with other evidence
  • Evidence shows real reason was discriminatory

Strong Evidence Types

Comparative evidence:

  • Similarly situated employees outside your protected class treated better
  • Pattern of favoring certain demographics
  • Statistical disparities

Temporal proximity:

  • Adverse action shortly after employer learns of protected characteristic
  • Firing soon after discrimination complaint

Shifting explanations:

  • Employer gives different reasons at different times
  • Reasons contradicted by documentation

Discriminatory comments:

  • Comments by decision-makers about protected characteristics
  • Even if not explicitly stating discriminatory intent, comments showing bias (“cultural fit,” “overqualified,” “too old”)

Example: You’re a 58-year-old fired during restructuring. Evidence shows:

  • Your manager made comments about “bringing in fresh blood” and “younger talent” (discriminatory comments)
  • You had excellent performance reviews for 10 years (qualification)
  • Fired 2 weeks after manager’s age-based comments (temporal proximity)
  • Company’s stated reason is “performance issues” but reviews contradict this (pretext)
  • Younger employees with worse performance retained (comparative evidence)
  • Of 20 laid off, 18 were over 50; of 30 retained, 28 were under 40 (statistical evidence)

This combination creates strong age discrimination case under IHRA.

Filing a Discrimination Charge in Illinois

Two Options: IDHR or EEOC

You can file with either (or both):

Illinois Department of Human Rights (IDHR):

  • Enforces Illinois Human Rights Act
  • Covers all Illinois employers (1+ employees)
  • Protects more characteristics than federal law
  • No damage caps

Equal Employment Opportunity Commission (EEOC):

  • Enforces federal laws (Title VII, ADA, ADEA)
  • Covers employers meeting federal size thresholds (15-20+ employees)
  • Limited to federally protected characteristics

Dual filing: EEOC and IDHR have work-sharing agreement. Filing with one automatically files with the other for charges alleging both state and federal violations.

Strategy: File with IDHR to maximize protections, especially if:

  • Small employer (under 15-20 employees)
  • Claim involves IHRA-only protected class (marital status, military discharge, order of protection, arrest record)
  • Want to preserve unlimited damages

Filing Deadline: 300 Days

Critical deadline: You have 300 days from the discriminatory act to file a charge with IDHR or EEOC.

What this means:

  • If fired on January 1, 2025, you must file by October 28, 2025
  • Approximately 10 months from discrimination
  • Missing this deadline typically destroys your claim

When does 300 days start?

  • Termination: Date of firing
  • Failure to hire: Date you learned you weren’t hired
  • Denial of promotion: Date you learned someone else was promoted
  • Harassment: Date of last harassing incident (continuing violation doctrine may apply)

How to File with IDHR

Step 1: Contact IDHR

Chicago Office:

  • Address: James R. Thompson Center, 100 W. Randolph Street, Suite 10-100, Chicago, IL 60601
  • Phone: 312-814-6200
  • TTY: 866-740-3953

Springfield Office:

  • Address: 222 South College, Room 101-A, Springfield, IL 62704
  • Phone: 217-785-5100
  • TTY: 866-740-3953

Online filing: illinois.gov/dhr

Step 2: Submit Intake Form

Provide:

  • Your contact information
  • Employer information (name, address, number of employees)
  • Description of discrimination
  • What protected characteristic (race, sex, age, disability, etc.)
  • When it occurred
  • Names of witnesses

Step 3: IDHR Investigation

IDHR investigates your charge:

  • Notifies employer and requests response
  • May request documents from both parties
  • May conduct interviews
  • Analyzes evidence

Timeline: 6-18 months (sometimes longer for complex cases)

Step 4: IDHR Determination

IDHR issues one of three outcomes:

Substantial evidence found:

  • IDHR believes discrimination occurred
  • Attempts conciliation (settlement negotiation)
  • If conciliation fails, case proceeds to administrative hearing or you can request right-to-sue letter

Lack of substantial evidence:

  • IDHR doesn’t find sufficient evidence
  • Issues dismissal
  • You can request right-to-sue letter to file lawsuit

Right-to-sue letter:

  • Allows you to file lawsuit in Illinois circuit court
  • You have 90 days from right-to-sue letter to file lawsuit
  • Missing 90-day deadline destroys your lawsuit right

After IDHR Charge: Lawsuit Options

If IDHR doesn’t resolve your case, you can file lawsuit:

Illinois Circuit Court:

  • File within 90 days of right-to-sue letter
  • IHRA claims heard by judge or jury
  • No damage caps
  • Can seek compensatory damages, punitive damages, back pay, front pay, reinstatement, attorney’s fees

Federal District Court (if federal law also violated):

  • File within 90 days of EEOC right-to-sue letter
  • Federal damage caps apply
  • Can pursue both federal and state claims in federal court

Strongly recommend hiring employment attorney for lawsuit phase—discrimination litigation is complex.

Damages You Can Recover

Back Pay

Lost wages from discrimination to resolution

Includes:

  • Salary/wages you would have earned
  • Bonuses and commissions lost
  • Overtime you would have worked
  • Value of lost benefits

Example: You earned $60,000/year and it takes 2 years to resolve your case. Back pay = approximately $120,000 (minus any income earned from other employment during that time).

Front Pay

Future lost earnings if reinstatement isn’t feasible

Awarded when:

  • Relationship too damaged to return
  • Position no longer exists
  • Court determines reinstatement impractical

Example: You’re 55, would have worked until 67 (12 more years). Your old job paid $80,000/year; comparable job now pays $65,000/year. Front pay = $15,000 × 12 years = $180,000.

Compensatory Damages (No Cap in Illinois)

Emotional distress, mental anguish, suffering, reputational harm

Unlike federal law’s caps ($50k-$300k depending on employer size), IHRA has no damage cap.

Can include:

  • Emotional pain and suffering
  • Mental anguish
  • Depression, anxiety, PTSD
  • Loss of enjoyment of life
  • Humiliation and embarrassment
  • Therapy and counseling costs
  • Reputational damage

Example: Jury awards $600,000 in compensatory damages for severe emotional distress from sexual harassment and retaliation. Under federal Title VII at a 150-employee company, this would be capped at $100,000. Under IHRA, you receive the full $600,000.

Punitive Damages (No Cap in Illinois)

Awarded to punish egregious conduct and deter future violations

When awarded:

  • Employer acted with malice or reckless indifference
  • Discrimination was intentional and outrageous
  • Employer ignored obvious discrimination

No cap under IHRA (unlike federal caps).

Example: Your employer maintained a pattern of race discrimination for years, ignored multiple complaints, and made explicitly racist statements. Jury awards $1 million in punitive damages to punish this conduct. Under IHRA, this is permissible. Under federal Title VII, punitive damages would be subject to caps.

Reinstatement

Court can order employer to reinstate you to your former position with all seniority, benefits, and pay restored.

However, reinstatement is often not practical (relationship too damaged), so front pay awarded instead.

Attorney’s Fees and Costs

Prevailing plaintiffs recover attorney’s fees and costs from employer.

This makes hiring an attorney more accessible—if you win, employer pays your legal fees.

Statute of Limitations Summary

Action Required Deadline Consequence of Missing
File IDHR/EEOC charge 300 days from discriminatory act Claim dismissed (rare exceptions)
File lawsuit after right-to-sue 90 days from right-to-sue letter Lose right to sue

Critical: These deadlines are strictly enforced. Missing them almost always destroys your claim.

Resources for Illinois Workers

Filing Discrimination Charges

Illinois Department of Human Rights (IDHR):

  • Website: illinois.gov/dhr
  • Chicago: 312-814-6200
  • Springfield: 217-785-5100
  • Online filing available

EEOC – Chicago District Office:

  • Address: 230 S. Dearborn Street, Suite 1866, Chicago, IL 60604
  • Phone: 1-800-669-4000 or 312-869-8100
  • Website: eeoc.gov
  • Online filing: publicportal.eeoc.gov

Free Legal Assistance

Land of Lincoln Legal Aid:

  • Phone: 1-877-342-7891
  • Website: lincolnlegal.org
  • Free legal help for low-income workers

Prairie State Legal Services:

  • Phone: 1-800-942-4916
  • Free civil legal services

Chicago Bar Association Lawyer Referral Service:

  • Phone: 312-554-2001
  • Find an employment attorney

Related Illinois Topics

Get Help with Your Discrimination Claim

Think you’ve experienced workplace discrimination in Illinois? Get a free consultation from an employment law expert who understands the Illinois Human Rights Act and how it provides stronger protections than federal law.

The IHRA’s broad coverage (1+ employees), expanded protected classes (marital status, military discharge, order of protection), and unlimited damages make Illinois one of the better states for discrimination victims. Understanding these advantages and strict filing deadlines (300 days) is critical to protecting your rights.

An experienced Illinois employment attorney can evaluate your situation, help you navigate the IDHR process, and maximize your recovery if you’ve been discriminated against.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Illinois employment laws and IDHR procedures are subject to change. For advice specific to your situation, please consult with a licensed employment attorney in Illinois. Employment Law Aid is not a law firm and does not provide legal representation.