Illinois Disability Discrimination: Strong Protections Under IHRA

Quick Answer: Illinois provides strong disability protections through the Illinois Human Rights Act (IHRA), which covers employers with just 1 employee—far broader than the federal ADA's 15-employee threshold. Illinois law prohibits discrimination against qualified individuals with disabilities and requires reasonable accommodations. File complaints with the Illinois Department of Human Rights (IDHR) within 300 days.

Illinois protects workers with disabilities broadly.

Illinois Disability Laws

Illinois Human Rights Act (IHRA)

Key provisions:

• Covers employers with 1+ employees
• Prohibits disability discrimination
• Requires reasonable accommodation
• File with IDHR within 300 days

Federal ADA

Additional protections:

• Americans with Disabilities Act
• Covers employers with 15+ employees
• File with EEOC within 300 days

Coverage Comparison

Illinois advantage: If you work for an employer with 1-14 employees, IHRA protects you but federal ADA does not.

Who's Protected

Definition of Disability

Under IHRA, disability means:

• Physical or mental impairment
• That substantially limits major life activities
• History of such impairment
• Being regarded as having impairment

Major Life Activities

Include:

• Walking, seeing, hearing
• Speaking, breathing
• Learning, concentrating
• Working, caring for oneself
• Major bodily functions

Examples of Covered Conditions

May qualify:

• Mobility impairments
• Vision or hearing impairments
• Chronic conditions (diabetes, epilepsy, MS)
• Cancer and its effects
• Mental health conditions
• Heart disease
• HIV/AIDS
• Intellectual disabilities
• Learning disabilities

What's Not Covered

Exclusions:

• Current illegal drug use
• Conditions posing direct threat
• Inability to perform essential functions

What's Prohibited

Employment Discrimination

Cannot discriminate in:

• Hiring decisions
• Firing or layoffs
• Pay and benefits
• Promotions
• Job assignments
• Training opportunities
• Any term of employment

Failure to Accommodate

Prohibited:

• Refusing reasonable accommodation
• Not engaging in interactive process
• Denying accommodation without undue hardship analysis

Harassment

Prohibited:

• Disability-based harassment
• Hostile work environment
• Offensive comments about disability

Medical Inquiries

Restrictions:

• Cannot ask about disability before job offer
• Limited medical exams after offer
• Must be job-related and necessary

Retaliation

Protected from retaliation for:

• Requesting accommodation
• Filing discrimination complaint
• Participating in investigation

Reasonable Accommodation

What Is Reasonable Accommodation

Modifications or adjustments:

• Enabling qualified person to apply
• Enabling employee to perform essential functions
• Enabling equal benefits and privileges

Examples of Accommodations

Common accommodations:

• Modified work schedule
• Reassignment to vacant position
• Modified equipment or devices
• Accessible workspace
• Job restructuring
• Leave for treatment
• Work from home
• Reader or interpreter
• Modified policies or procedures

The Interactive Process

How it works:

1. Employee discloses limitation
2. Employee requests accommodation
3. Employer and employee discuss
4. Identify effective options
5. Implement accommodation
6. Monitor and adjust as needed

Employee's Responsibilities

You should:

• Inform employer of limitation
• Request accommodation (doesn't have to be formal)
• Provide documentation if requested
• Participate in interactive process
• Consider alternative accommodations

Employer's Responsibilities

Employer must:

• Engage in interactive process
• Consider requested accommodation
• Provide effective accommodation
• Not require unnecessary documentation
• Keep medical information confidential

Undue Hardship

When Employer Can Refuse

Only if accommodation causes:

• Significant difficulty or expense
• Considering employer's resources
• Impact on operations
• Not mere inconvenience

Factors Considered

In determining hardship:

• Cost of accommodation
• Employer's financial resources
• Size and type of operation
• Impact on other employees
• Effect on business operations

Burden on Employer

Employer must prove:

• Undue hardship exists
• Considered alternatives
• Accommodation truly not feasible

Essential Functions

What Are Essential Functions

Core duties:

• Fundamental job duties
• Reason position exists
• Tasks performed regularly
• Require special expertise

Determining Essential Functions

Evidence includes:

• Written job descriptions
• Actual time spent on tasks
• Consequences of not performing
• Terms of collective bargaining agreement

Marginal vs Essential

Marginal functions:

• Not essential
• Employer may need to eliminate or reassign
• Cannot refuse to hire based on inability to perform marginal functions

Medical Examinations

Pre-Employment

Before job offer:

• Cannot ask about disability
• Cannot require medical exam
• Can ask about ability to perform functions

Post-Offer

After conditional offer:

• Can require medical exam
• Must require of all in job category
• Must be job-related

During Employment

Existing employees:

• Medical inquiry must be job-related
• Business necessity required
• Fitness-for-duty exams must be justified

Confidentiality

Medical information:

• Must be kept confidential
• Separate from personnel file
• Limited access
• Exceptions for safety, accommodation

Filing a Complaint

IDHR (Illinois)

For state law claims:

• Deadline: 300 days
• Phone: 312-814-6200
• Website: illinois.gov/idhr

EEOC (Federal)

For ADA claims:

• Deadline: 300 days
• Phone: 1-800-669-4000
• Website: eeoc.gov

Dual Filing

Recommended:

• File with both agencies
• Preserves all options
• Cross-filing agreements exist

Building Your Case

Evidence to Gather

Document:

• Your disability or medical condition
• Qualification for the job
• Accommodation requests made
• Employer's responses
• Any discriminatory incidents
• Performance history

Documentation Tips

Keep records of:

• Written accommodation requests
• Employer communications
• Medical documentation
• Timeline of events
• Witness information

Comparators

Note how:

• Non-disabled employees treated
• Others accommodated
• Similar situations handled

Common Scenarios

Scenario 1: Accommodation Denied

Situation: You have chronic back pain and request standing desk. Employer says "we don't do that."

Analysis: Employer must engage in interactive process. Blanket denial likely violates law. File complaint.

Scenario 2: Fired After Disclosure

Situation: You tell supervisor about mental health condition. Weeks later, terminated for "not fitting in."

Analysis: Close timing suggests discrimination. "Not fitting in" may be pretext. Document and file complaint.

Scenario 3: Medical Inquiry

Situation: During interview, employer asks "do you have any medical conditions?"

Analysis: Pre-offer medical inquiries prohibited. Even if not hired, this may be violation.

Scenario 4: Regarded As Disabled

Situation: Employer assumes you can't do job because you use mobility device, though you can.

Analysis: "Regarded as" disabled is protected. Assumptions about ability are discriminatory.

Damages Available

IHRA Remedies

If discrimination proven:

• Back pay
• Front pay
• Compensatory damages (no cap)
• Reinstatement
• Reasonable accommodation ordered
• Attorney's fees
• Policy changes

ADA Remedies

Federal law provides:

• Similar remedies
• Compensatory damages (capped)
• Punitive damages possible

Frequently Asked Questions

Do I have to disclose my disability?

No. But you may need to disclose to request accommodation. Employer cannot retaliate for disclosure.

What if I can't perform essential functions even with accommodation?

If you cannot perform essential functions with reasonable accommodation, you may not be qualified for the position.

Can my employer ask why I need accommodation?

Employer can request documentation supporting need for accommodation, but cannot demand excessive medical information.

What if my employer says accommodation is too expensive?

Employer must prove undue hardship. Many accommodations are low-cost. Employer must consider alternatives.

How do I request accommodation?

No magic words required. Simply communicate that you need adjustment due to medical condition. Written request creates better record.

What if I work for small employer?

Illinois IHRA covers employers with 1+ employees. Even smallest employers must comply with state law.

Related Topics

• Illinois Workplace Discrimination
• Illinois Human Rights Act Guide
• How to File IDHR Complaint
• Illinois Workplace Retaliation

Take Action

Illinois provides strong disability protections. If you face discrimination:

1. Document your disability and limitations
2. Request accommodations in writing
3. Participate in interactive process
4. Note any discriminatory treatment
5. File with IDHR within 300 days
6. Consider dual-filing with EEOC
7. Consult an employment attorney

Your disability is protected. Don't let discrimination limit your career.

Legal Disclaimer

This article provides general information about disability discrimination in Illinois and is not legal advice. Every situation is different. For advice about your specific circumstances, consult a licensed Illinois employment attorney.

For official information:

• Illinois Department of Human Rights: https://www.illinois.gov/idhr | 312-814-6200
• U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov | 1-800-669-4000