Illinois Human Rights Act (IHRA): Complete Guide to Your Workplace Rights

Quick Answer: The Illinois Human Rights Act (IHRA) is Illinois's comprehensive anti-discrimination law. It covers employers with just 1 employee—far broader than federal law's 15-employee threshold. IHRA protects against discrimination based on race, sex, age, disability, sexual orientation, gender identity, marital status, and many other categories. File complaints with the Illinois Department of Human Rights (IDHR) within 300 days.

IHRA provides some of the strongest employment protections in the nation.

IHRA Overview

What Is IHRA?

775 ILCS 5/

• Illinois's primary anti-discrimination law
• Covers employment, housing, credit, public accommodations
• Enforced by Illinois Department of Human Rights (IDHR)
• Adjudicated by Illinois Human Rights Commission

Why IHRA Matters

Stronger than federal law:

• Covers smaller employers (1+ employees)
• More protected categories
• State-level enforcement
• No cap on compensatory damages

Protected Categories Under IHRA

Full List of Protections

IHRA prohibits discrimination based on:

Categories Beyond Federal Law

IHRA includes protections federal law doesn't explicitly cover:

• Marital status
• Military status (broader)
• Order of protection status
• Unfavorable military discharge
• Citizenship status (in this context)
• Arrest record (limited)

Employer Coverage

Size Thresholds

Employment discrimination:

• 1+ employees (general discrimination)
• 1+ employees (sexual harassment)
• 15+ employees (disability discrimination aligns with ADA)

Comparison to Federal Law

Illinois workers at small employers have protections unavailable federally.

Who's Covered

Covered employers include:

• Private businesses
• State and local government
• Employment agencies
• Labor organizations
• Joint apprenticeship committees

What IHRA Prohibits

Discriminatory Employment Actions

Cannot discriminate in:

• Hiring and recruitment
• Firing and layoffs
• Pay and compensation
• Promotions
• Job assignments
• Training
• Benefits
• Any term or condition of employment

Harassment

Prohibited harassment:

• Sexual harassment (quid pro quo and hostile environment)
• Harassment based on any protected category
• Creates hostile, intimidating, offensive environment

Retaliation

Cannot retaliate for:

• Filing IHRA complaint
• Participating in investigation
• Opposing discrimination
• Testifying in proceedings
• Requesting accommodation

Sexual Harassment Under IHRA

Enhanced Protections

2020 amendments strengthened:

• Annual training required
• Covers all employers (1+ employees)
• Extends to nonemployees in some cases
• Disclosure requirements for state contractors

Employer Obligations

Employers must:

• Provide annual sexual harassment training
• Post information about reporting
• Maintain complaint procedures
• Investigate complaints

Individual Liability

Supervisors and managers:

• Can be individually liable
• For harassment they commit
• For failing to take corrective action

Reasonable Accommodation

Disability Accommodation

Employers must provide:

• Reasonable accommodations
• For qualified individuals with disabilities
• Unless undue hardship

Pregnancy Accommodation

Illinois Pregnancy Accommodation law requires:

• Reasonable accommodations for pregnancy
• Childbirth and related conditions
• Interactive process required
• Covers employers with 1+ employees

Religious Accommodation

Must accommodate:

• Sincerely held religious beliefs
• Unless undue hardship
• Includes scheduling, dress, practices

Filing an IHRA Complaint

Step 1: Determine Eligibility

Before filing, confirm:

• Employer covered by IHRA
• Discrimination based on protected category
• Within 300-day deadline

Step 2: File with IDHR

Illinois Department of Human Rights:

• Online: illinois.gov/idhr
• Phone: 312-814-6200 (Chicago) / 217-785-5100 (Springfield)
• In person: IDHR offices

Step 3: Intake Process

IDHR will:

• Review your complaint
• Determine jurisdiction
• Assign to investigator

Step 4: Investigation

Investigation includes:

• Gathering information from both parties
• Reviewing documents
• Interviewing witnesses
• Making determination

Step 5: Determination

Possible outcomes:

• Substantial evidence: Case proceeds
• Lack of substantial evidence: Case dismissed
• Settlement at any stage

Step 6: Illinois Human Rights Commission

If substantial evidence found:

• Case goes to IHRC
• Administrative hearing
• Decision and potential remedies

IHRA vs. Federal Law

Key Differences

Which to File With

Consider filing with both:

• IDHR has broader coverage
• EEOC preserves federal claims
• Work-sharing agreement exists
• Can dual-file

When IHRA Is Better

Choose IHRA when:

• Small employer (under 15 employees)
• Protected category not covered federally
• Want uncapped compensatory damages
• State process preferred

When Federal Is Better

Consider federal when:

• Want punitive damages (not available under IHRA)
• Prefer EEOC process
• Federal law provides specific protections

Remedies Under IHRA

Available Relief

If discrimination proven:

• Back pay (lost wages)
• Front pay (future lost wages)
• Compensatory damages (emotional distress)—no cap
• Reinstatement
• Policy changes
• Training orders
• Attorney's fees

What's NOT Available

IHRA does not provide:

• Punitive damages
• Jury trial (administrative process)

Compensatory Damages Advantage

IHRA advantage:

• No statutory cap on emotional distress damages
• Federal law caps at $50,000-$300,000
• Can be significant for severe cases

Recent IHRA Developments

2020 Amendments

Key changes:

• Extended filing deadline from 180 to 300 days
• Mandatory sexual harassment training
• State contractor disclosure requirements
• Enhanced protections for certain workers

2019 Changes

Included:

• Expanded sexual harassment protections
• Training requirements
• Nonemployee coverage in some situations

Common IHRA Claims

Discrimination Claims

Typical cases:

• Termination based on protected characteristic
• Failure to hire
• Harassment creating hostile environment
• Denial of promotion
• Unequal pay

Accommodation Claims

Common issues:

• Failure to accommodate disability
• Failure to accommodate pregnancy
• Failure to accommodate religion
• Inadequate interactive process

Retaliation Claims

Frequent scenarios:

• Fired after filing complaint
• Demoted after requesting accommodation
• Disciplined after opposing discrimination

Frequently Asked Questions

Does IHRA cover small employers?

Yes. IHRA covers employers with just 1 employee for most discrimination claims—much broader than federal law's 15-employee threshold.

What's the deadline to file?

300 days from the discriminatory act. This was extended from 180 days in 2020.

Can I get a jury trial?

No. IHRA claims are adjudicated through administrative process at IDHR and IHRC. For jury trial, you'd need federal court.

Are damages capped?

Compensatory damages are not capped under IHRA, unlike federal law. However, punitive damages are not available.

Can I sue my supervisor personally?

For sexual harassment, individual liability may apply. For other discrimination, generally sue the employer.

Should I file with IDHR or EEOC?

Consider filing with both. IDHR covers smaller employers and more categories. EEOC preserves federal options. They have a work-sharing agreement.

Related Topics

• Illinois Workplace Discrimination
• How to File IDHR Complaint
• Illinois Sexual Harassment
• Illinois Workplace Retaliation

Take Action

IHRA provides strong protections for Illinois workers. If you've experienced discrimination:

1. Document all incidents
2. Note protected category involved
3. Report through proper channels
4. File with IDHR within 300 days
5. Consider dual-filing with EEOC
6. Consult an employment attorney

Illinois law protects you. Use it.

Legal Disclaimer

This article provides general information about the Illinois Human Rights Act 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
• Illinois Human Rights Commission: https://www.illinois.gov/ihrc