Illinois National Origin Discrimination: Protections for Immigrant Workers

Quick Answer: Illinois prohibits national origin discrimination through the Illinois Human Rights Act (IHRA), covering employers with just 1 employee. This protection extends to discrimination based on country of origin, ancestry, ethnicity, accent, and association with people of particular national origins. Combined with federal Title VII, workers have strong protections. File with IDHR within 300 days.

Where you come from should not limit where you can go.

Illinois National Origin Laws

Illinois Human Rights Act (IHRA)

Coverage:

• Employers with 1+ employees
• Prohibits national origin discrimination
• Includes ancestry
• File with IDHR within 300 days

Federal Title VII

Additional protections:

• Employers with 15+ employees
• Prohibits national origin discrimination
• File with EEOC within 300 days

Immigration-Related Protections

Additional federal law:

• Immigration and Nationality Act (INA)
• Prohibits citizenship/immigration status discrimination
• Specific hiring and verification protections

Coverage Comparison

What's Protected

National Origin Defined

Includes:

• Country of birth
• Ancestry or ethnic background
• Cultural characteristics
• Association with ethnic group
• Perception of national origin

Related Characteristics

Also protected:

• Accent
• Language
• Physical characteristics associated with national origin
• Cultural practices
• Names associated with national origin

Who's Protected

All national origins:

• All countries and ethnicities
• U.S.-born workers too
• Perceived national origin
• Association with national origin groups

What's Prohibited

Employment Discrimination

Cannot discriminate in:

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

Language Issues

Prohibited practices:

• English-only rules without business necessity
• Accent discrimination without job relevance
• Harassment based on language
• Assuming incompetence due to accent

Citizenship Discrimination

Under INA:

• Cannot discriminate against work-authorized individuals
• Cannot prefer citizens over authorized non-citizens (generally)
• Cannot over-document during I-9 process
• Cannot refuse to accept valid documents

Harassment

Prohibited:

• Ethnic slurs
• Offensive comments about national origin
• Hostile work environment
• Mocking accents or customs

Language in the Workplace

English-Only Rules

Generally problematic unless:

• Business necessity exists
• Applied consistently
• Notice provided to employees
• Limited to work-related communications

When English-Only May Be Allowed

Potential justifications:

• Safety communications
• Customer service necessity
• Cooperative work requiring common language
• Emergencies

When English-Only Is Likely Illegal

Problematic situations:

• Break rooms and lunch
• Conversations between bilingual employees
• No genuine business need
• Applied discriminatorily

Accent Discrimination

Cannot discriminate based on accent unless:

• Accent materially interferes with job performance
• Communication is central to job duties
• Genuine inability to communicate (rare)

Citizenship and Immigration Status

INA Anti-Discrimination Provisions

Prohibits:

• Citizenship status discrimination in hiring
• Document abuse during I-9 verification
• National origin discrimination (overlaps with Title VII)
• Retaliation for asserting rights

Document Abuse

Employers cannot:

• Request specific documents
• Reject valid documents
• Ask for more documents than required
• Treat people differently based on appearance

Work Authorization

Employers must:

• Verify work authorization for all employees
• Accept valid documents from List A, B, or C
• Not over-document
• Not discriminate among authorized workers

Filing a Complaint

IDHR (Illinois)

For state law claims:

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

EEOC (Federal)

For Title VII claims:

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

DOJ Immigrant and Employee Rights Section

For INA claims:

• Deadline: 180 days
• Phone: 1-800-255-7688
• Citizenship discrimination issues

Building Your Case

Documentation

Gather evidence of:

• Discriminatory comments or actions
• Different treatment based on national origin
• English-only policy application
• Citizenship-related discrimination
• Performance history
• Timeline of events

Comparators

Compare treatment to:

• Workers of other national origins
• How policies are applied
• Who gets promotions, assignments
• Discipline patterns

Pattern Evidence

Look for:

• Workforce demographics
• Hiring patterns
• Promotion patterns
• Termination patterns

Common Scenarios

Scenario 1: English-Only Rule

Situation: Employer implements English-only policy for all conversations, including lunch breaks between Spanish-speaking employees.

Analysis: Likely illegal. English-only during breaks has no business necessity. May create hostile environment.

Scenario 2: Accent Discrimination

Situation: Qualified for promotion but told customers might not understand your accent. Job doesn't require phone work.

Analysis: Accent discrimination unless accent materially interferes with core job duties. Assumptions about customer reaction are not valid justification.

Scenario 3: Not Hired—"Not a Good Fit"

Situation: You're qualified but not hired. Comments made about your "foreign name" during interview.

Analysis: "Not a good fit" may be pretext. Comments about name suggest national origin discrimination. Document and file complaint.

Scenario 4: Document Abuse

Situation: Employer asks for green card specifically instead of allowing you to choose from valid I-9 documents.

Analysis: Document abuse violates INA. Employer must accept any valid documents you choose to present.

Harassment Based on National Origin

What Constitutes Harassment

May include:

• Ethnic slurs
• Mocking accent or language
• Offensive jokes about national origin
• Stereotyping
• Exclusion based on ethnicity
• Display of offensive symbols

Severe or Pervasive Standard

Must be:

• Severe or pervasive
• Based on national origin
• Creates hostile environment
• Unwelcome

Employer Liability

Employer responsible when:

• Knew about harassment
• Should have known
• Failed to take prompt corrective action

Intersectional Discrimination

Multiple Protected Characteristics

Combined discrimination:

• National origin + race
• National origin + religion
• National origin + gender
• Unique disadvantage possible

How Courts Analyze

Recognize:

• Multiple characteristics may combine
• Unique forms of discrimination
• Compare to all relevant groups

Damages Available

IHRA Remedies

If discrimination proven:

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

Title VII Remedies

Federal law provides:

• Back pay
• Compensatory damages (capped)
• Punitive damages (capped)
• Attorney's fees

INA Remedies

For citizenship discrimination:

• Back pay
• Civil penalties
• Hiring orders
• Training requirements

Frequently Asked Questions

Can my employer require English only?

Only if there's genuine business necessity and it's limited to work situations. Cannot apply during breaks or personal conversations.

Is accent discrimination illegal?

Yes, unless your accent materially interferes with essential job duties. Customer preference or assumptions about accent are not valid reasons.

I'm a U.S. citizen but treated differently because of my ethnicity. Am I protected?

Yes. National origin protection covers all workers regardless of citizenship. Ethnicity, ancestry, and perceived national origin are protected.

Can employers ask about immigration status?

Must verify work authorization for all employees. Cannot ask about specific status (citizenship, visa type) beyond what I-9 requires. Cannot discriminate among authorized workers.

What if harassment is by coworkers, not supervisors?

Employer still liable if it knew or should have known and failed to act. Report harassment to management.

Can I be fired for not speaking English well?

Only if English proficiency is genuinely necessary for the job and your ability to perform is materially affected. Cannot make assumptions.

Related Topics

• Illinois Workplace Discrimination
• Illinois Race Discrimination
• Illinois Human Rights Act Guide
• Illinois Hostile Work Environment

Take Action

If you've experienced national origin discrimination:

1. Document discriminatory treatment and comments
2. Note any English-only rules and how applied
3. Keep records of document requests during hiring
4. Report harassment to management
5. File with IDHR within 300 days
6. Consider dual-filing with EEOC
7. Contact DOJ IER for citizenship issues (180 days)

Your heritage is part of who you are—and you're protected.

Legal Disclaimer

This article provides general information about national origin 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
• DOJ Immigrant and Employee Rights Section: https://www.justice.gov/ier | 1-800-255-7688