Illinois Workplace Discrimination Law: IHRA Rights & Protections (2026)

The Illinois Human Rights Act (IHRA) provides strong workplace discrimination protections for Illinois employees. With coverage for employers of 15+ employees (1+ for sexual harassment), broad protected categories, and robust enforcement through the Illinois Department of Human Rights, Illinois workers have substantial protections against workplace discrimination.

Quick Facts: Illinois Discrimination Law

Protected Classes Under IHRA

Comprehensive Protection

IHRA prohibits discrimination based on:

• Race, color
• National origin, ancestry
• Religion
• Sex (includes pregnancy)
• Sexual orientation
• Gender identity
• Age (40+)
• Physical disability
• Mental disability
• Marital status
• Military status
• Unfavorable military discharge (other than dishonorable)
• Order of protection status
• Citizenship status (if work-authorized)

Broader Than Federal Law

IHRA explicitly protects:

• Sexual orientation and gender identity
• Marital status
• Unfavorable military discharge
• Order of protection status

Types of Discrimination

Disparate Treatment

Intentional discrimination:

• Refusing to hire based on protected class
• Terminating because of protected status
• Denying promotions or training
• Paying less for equal work

Disparate Impact

Neutral policies with discriminatory effect:

• Tests that screen out protected groups
• Requirements not job-related
• Must lack business necessity to be illegal

Failure to Accommodate

Must reasonably accommodate:

• Disability (physical and mental)
• Religious practices and observances
• Pregnancy and related conditions

Harassment

Hostile work environment:

• Unwelcome conduct based on protected class
• Severe or pervasive enough to alter work conditions
• Employer knew or should have known

Retaliation

Cannot punish employees for:

• Opposing discrimination
• Filing IDHR or EEOC complaints
• Participating in investigations
• Supporting coworker's claims

Filing a Discrimination Complaint

Illinois Department of Human Rights (IDHR)

Primary state agency:

• Deadline: 300 days from discriminatory act
• Phone: 312-814-6200 (Chicago) or 217-785-5100 (Springfield)
• Website: www2.illinois.gov{rel="nofollow"}
• Online and in-person filing available

EEOC Chicago District Office

For federal claims:

• Phone: 1-800-669-4000
• Address: 230 S. Dearborn Street, Chicago
• Cross-file to preserve state and federal rights

The IDHR Process

1. File charge within 300 days
2. Investigation by IDHR investigator
3. Substantial evidence finding or dismissal
4. Request review by Human Rights Commission (if dismissed)
5. Conciliation attempt if substantial evidence found
6. Hearing before Administrative Law Judge or circuit court

Requesting Court Filing

After IDHR proceedings, you can request to file in Illinois circuit court for broader remedies.

Proving Discrimination

Direct Evidence

Clear discriminatory statements:

• "You're too old for this position"
• "We need someone without kids"
• Written discriminatory policies

Circumstantial Evidence

McDonnell Douglas framework:

1. Employee establishes:

   • Member of protected class
   • Qualified for position
   • Adverse employment action
   • Circumstances suggesting discrimination

2. Employer states:

   • Legitimate, non-discriminatory reason

3. Employee proves:

   • Stated reason is pretext

Comparator Evidence

Showing others treated differently:

• Similarly situated employees outside protected class
• Received more favorable treatment
• Under similar circumstances

Damages Available

Under IHRA

Economic damages:

• Back pay (lost wages)
• Front pay (future lost wages)
• Lost benefits

Compensatory damages:

• Emotional distress
• Mental anguish
• Other actual damages

Other relief:

• Reinstatement
• Promotion
• Policy changes
• Training requirements

Attorney's fees:

• Available to prevailing plaintiffs

Not Available Under IHRA

Punitive damages are NOT available under IHRA

For punitive damages, file federal claims under Title VII (capped at $50,000-$300,000 based on employer size).

Employer Obligations

Anti-Discrimination Policy

Employers must:

• Post required notices
• Maintain non-discriminatory practices
• Promptly investigate complaints

Training Requirements

Illinois sexual harassment training:

• Annual training required for all employees
• Must cover prevention and reporting
• Industry-specific training for some sectors

Reasonable Accommodation

Interactive process required for:

• Disability accommodation
• Religious accommodation
• Pregnancy accommodation

Disability Discrimination

Coverage

IHRA covers:

• Physical disabilities
• Mental disabilities
• History of disability
• Perceived disability

Reasonable Accommodation

Examples:

• Modified work schedules
• Job restructuring
• Equipment modifications
• Reassignment to vacant positions
• Leave for treatment

Interactive Process

Employer must:

• Engage in good faith dialogue
• Identify effective accommodations
• Document the process
• Implement reasonable solutions

Age Discrimination

IHRA Protections

Protects workers 40 and older:

• Hiring decisions
• Promotions and demotions
• Layoff selection
• Training opportunities

Proving Age Discrimination

• Comments about age ("dead wood," "dinosaur")
• Replacement by younger worker
• Pattern of terminating older workers
• Targeting for layoffs

Common Questions

What's the difference between IHRA and Title VII?

IHRA is Illinois state law; Title VII is federal. IHRA covers more protected classes (sexual orientation, marital status, etc.) but doesn't allow punitive damages. Many employees file under both.

Can I file with both IDHR and EEOC?

Yes. Cross-filing preserves rights under both state and federal law. The agencies have a worksharing agreement.

What if my employer has fewer than 15 employees?

For sexual harassment, IHRA covers employers with just 1+ employees. For other discrimination, the 15-employee threshold applies. Federal law also requires 15+ employees.

How long do discrimination cases take?

IDHR investigations typically take 6-18 months. Court cases can take 1-3 years. Many cases settle before hearing or trial.

Do I need a lawyer?

While not required, discrimination cases are complex. Most Illinois employment attorneys offer free consultations and work on contingency.

Practical Steps

If You Experience Discrimination

1. Document incidents (dates, witnesses, specifics)
2. Report internally following company procedures
3. Keep copies of all communications
4. Note any retaliation after reporting
5. Consult attorney before filing deadline

Preserving Evidence

• Save emails and text messages
• Keep copies of performance reviews
• Document conversations with witnesses
• Note dates and times
• Photograph relevant documents

Finding Legal Help

Free Resources

• IDHR: www2.illinois.gov/dhr | 312-814-6200
• EEOC Chicago: eeoc.gov | 1-800-669-4000
• Legal Aid Chicago: legalaidchicago.org

Employment Attorneys

Most Illinois discrimination attorneys work on contingency:

• No upfront fees
• Free consultations common
• Attorney paid from recovery

Related Resources

• Illinois Wrongful Termination
• Illinois Sexual Harassment
• Illinois Workplace Retaliation
• Chicago Employment Law

Legal Disclaimer

This guide provides general information about Illinois workplace discrimination law and is not legal advice. For advice about your situation, consult a licensed Illinois employment attorney.

Official Resources:

• Illinois Department of Human Rights: www2.illinois.gov/dhr{rel="nofollow"} | 312-814-6200
• EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000