Illinois Employment Discrimination Law

Brian J Graber LLC is an Illinois employment discrimination lawyer representing Illinois employees suffering from employment discrimination in violation of federal and Illinois employment discrimination laws. The Illinois Human Rights Act is the Illinois employment discrimination law that provides Illinois employees with broad protections from employment discrimination, workplace harassment, and retaliation. Illinois employees may also have protections under federal law from employment discrimination, workplace harassment, and retaliation. Click on this link to learn more about your rights under federal law to be free from employment discrimination, workplace harassment, and retaliation.

The Illinois Employment Discrimination Law Applies to All Illinois Employers

Effective on July 1, 2020, the Illinois Human Rights Act, (IHRA), 775 ILCS 5/2-101(B)(1)(a) was amended to apply to any person employing one or more employees in Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Illinois employment discrimination law under the IHRA, 775 ILCS 5/2-101(B)(1)(c) applies to the State and any political subdivision, municipal corporation, or other governmental unit or agency, without regard to the number of employees.

The Illinois Employment Discrimination Law Broadly Defines “Unlawful Discrimination”

Under the IHRA, 775 ILCS 5/1-103(Q) “unlawful discrimination” means actual or perceived discrimination against a person because of his or her actual or perceived:

• Race, including reverse discrimination.
• Color.
• Religion, meaning under, 775 ILCS 5/2-101(F) with respect to employers includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee’s or prospective employee’s religious observances or practice without undue hardship on the conduct of the employer’s business.
• National Origin, meaning, under 775 ILCS 5/1-103(K) the place in which a person or one of his or her ancestors was born.
• Ancestry.
• Age, meaning, under 775 ILCS 5/1-103(A) the chronological age of a person who is at least 40 years old. Maximize Damages for Age Discrimination here.
• Sex, meaning under 775 ILCS 5/1-103(O) means the status of being male or female;
• Marital status, meaning under 775 ILCS 5/1-103(J) a person’s legal status of being married, single, separated, divorced, or widowed.
• Order of protection status, meaning under 775 ILCS 5/1-103(K-5) a person’s status as being a person protected under an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986, 750 ILCS 60/101, et seq., Article 122A of the Code of Criminal Procedure of 1963, 725 ILCS 5/112A-1, et seq., the Stalking No Contact Order Act, or the Civil No Contact Order Act, 740 ILCS 22/101, et seq., or an order of protection issued by a court of another state.
• Disability, meaning under 775 ILCS 5/1-103(I) means a determinable physical or mental characteristic of a person, including, but not limited to, a determinable physical characteristic that necessitates the person’s use of a guide, hearing, or support dog, the history of such characteristic, or the perception of such characteristic by the person complained against, which may result from disease, injury, congenital condition of birth or functional disorder and which characteristic under 775 ILCS 5/1-103(I)(1) is unrelated to the person’s ability to perform the duties of a particular job or position and, pursuant to 775 ILCS 5/2-104, a person’s illegal use of drugs or alcohol is not a disability. Maximize Disability Discrimination Damages here.
• Military status, meaning under, 775 ILCS 5/1-103(J-1) a person’s status on active duty in or status as a veteran of the armed forces of the United States, status as a current member or veteran of any reserve component of the armed forces of the United States, including the United States Army Reserve, United States Marine Corps Reserve, United States Navy Reserve, United States Air Force Reserve, and the United States Coast Guard Reserve, or status as a current member or veteran of the Illinois Army National Guard or Illinois Air National Guard. In 2019, Illinois passed its own version of the USSERA. ISERRA provides much broader protections. Click here to learn more you your rights under ISERRA and the IHRA.
• Sexual Orientation, meaning under, 775 ILCS 5/1-103(O-1) actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person’s designated sex at birth. “Sexual orientation” does not include a physical or sexual attraction to a minor by an adult.
• Pregnancy, meaning under 775 ILCS 5/1-103(L-5) pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth. Click here to learn more about your rights to pregnancy accommodations under the IHRA. On June 27, 2023, Congress passed the Pregnant Workers Fairness Act. Click here to learn about your federal rights to pregnancy accommodations.
• Citizenship Status, meaning under 775 ILCS 5/2-101(K) the status of being: (1) a born U.S. citizen; (2) a naturalized U.S. citizen; (3) a U.S. national; or (4) a person born outside the United States and not a citizen who is not an unauthorized alien and who is protected from discrimination under the provisions of Section 1324b of Title 8 of the United States Code, as now or hereinafter amended.

Employment Discrimination Is A Civil Rights Violation

Illinois employment discrimination law under the IHRA, 775 ILCS 5/2-102(A) makes it a civil rights violation for any employer to refuse to hire, to segregate, to engage in harassment, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of “unlawful discrimination” or citizen status.

Employment discrimination claims require proof that the employer took some “adverse employment action” against the employee because of one or more of the defined protected categories described above as “unlawful discrimination.” Adverse employment action means a significant change in employment status, including but not limited to the following:

• Refusal to hire;
• Discharge or termination;
• Discipline;
• Demotion;
• Refusing to promote;
• Decrease in wages, salary, or compensation;
• Material change in benefits.

Illinois discrimination law under the IHRA provides some of the best protection from pregnancy discrimination and requires employers to provide reasonable accommodations. To learn more about your rights under Illinois pregnancy discrimination law here. Learn more about your rights to pregnancy accommodations here.

Employment Discrimination Claims Require Proof The Employee’s Protected Status Caused the Adverse Employment Action

The IHRA requires proof that the reason why the employee suffered adverse employment action is “because of” his or her protected status meaning race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, and citizenship status. In short, an employee must prove that “but for” his or her “protected status” the employer would not have taken adverse employment action. Proof of causation can be by direct or circumstantial evidence. “Causation” requires a detailed legal analysis of the facts by an experienced employment lawyer.

Employers will usually give an alleged nondiscriminatory reason for taking adverse employment action against an applicant or employee. An applicant or employee claiming employment discrimination in violation of Illinois law is generally required to prove the employer’s alleged nondiscriminatory reason for the adverse employment action is a “pretext,” unless there is direct evidence of discrimination. A “pretext” means a false or phony reason or an outright lie given by the employer to cover up employment discrimination. A “pretext” is not a mistake. An applicant or employee can use direct or circumstantial evidence to prove pretext.

Workplace Harassment Is A Civil Rights Violation

Illinois discrimination law under the IHRA, 775 ILCS 5/2-102(A) makes it a civil rights violation for employers to engage in workplace harassment on the basis of an employee’s race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, and citizenship status. Illinois discrimination law under the IHRA defines “harassment” as follows:

“Harassment” means any unwelcome conduct on the basis of an individual’s actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, or citizen ship status that has the purpose or effect of substantially interfering with the individual’s work performance or creating an intimidating, hostile, or offensive working environment. For the purposes of this definition, the phrase “working environment” is not limited to a physical location an employee is assigned to perform his or her job duties.

775 ILCS 5/2-101(E-1)

Illinois discrimination law, under the IHRA, imposes liability on an employer for workplace harassment as follows:

For any employer . . . to engage in harassment as defined in 775 ILCS 5/2-101(E-1) . . . . An employer is responsible for harassment by the employer’s non-managerial and non-supervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.

775 ILCS 5/2-102(A)

Employers Likely Have Strict Liability for Workplace Harassment Created by Managerial Employees

In Sangamon Co. Sheriff’s Dept. v. IHRC, 233 Ill.2d 125, 137 (2009) the Illinois Supreme Court interpreted the IHRA, 775 ILCS 5/2-102(D) as imposing strict liability on employers for sexual harassment of a supervisor. The statutory language in 775 ILCS 5/2-102(A) imposing liability on employers for workplace harassment is almost identical to the language in 775 ILCS 5/2-102(D) making it likely that Illinois court will impose strict liability on employers for workplace harassment committed by its managers and supervisory employers regardless of whether the employer knew of the harassment or took measures to correct the harassment. See Sangamon Co. Sheriff’s Dept., 233 Ill.2d at 137. Illinois discrimination law, under the IHRA, imposes strict liability on employers for sexual harassment. Learn about your rights to be free from workplace sexual harassment under federal law here.

Employers Have Liability for Workplace Harassment Created by Its Non-managerial Employees Based On A Negligence Standard

Illinois discrimination law, under IHRA, 775 ILCS 5/2-102(A) imposes liability on an employer for workplace harassment created by an employee’s co-workers under a negligence standard requiring evidence the employer knew of the harassment and failed to take measures to correct the harassment. Most employers have a written policy requiring employees suffering unlawful workplace harassment on the basis of their race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, and citizenship status to report that harassment to certain managers or Human Resources. Evidence that the harassment was reported in accordance with the employer’s reporting policy goes a long way in proving the employer was aware of the harassment and was negligent in failing to take measures to correct and prevent sexual harassment. Illinois discrimination law, under the IHRA, imposes liability on employers for sexual harassment caused by co-workers and non-employees under a negligence standard.

Employers Have Liability for Harassment of Non-employees

Illinois discrimination law under the IHRA imposes liability on employers for harassment of non-employees as follows:

For an employer, employment agency, or labor organization to engage in harassment of non-employees in the workplace. An employer is responsible for harassment of non-employees by the employer’s non-managerial and non-supervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. For the purposes of this subdivision, “non-employee” means a person who is not otherwise an employee of the employer and is directly performing services for the employer pursuant to a contact with that employer. “Non-employee” includes contractors and consultants.

775 ILCS 5/2-102(A-10)

The IHRA, 775 ILCS 5/2-102(A-10) seems to impose strict liability on employers for workplace harassment created its managerial and supervisory employees as described above. See Sangamon Co. Sheriff’s Dept. v. IHRC, 125, 137 (2009). The IHRA, 775 ILCS 5/2-102(A-10) imposes liability on employers for workplace harassment caused by its non-managerial and non-supervisory employees on non-employees under the same negligence standard described above. Illinois discrimination law, under the IHRA, imposes liability on employers for sexual harassment of non-employees under similar standards.

Retaliation Is A Civil Rights Violation Under The Illinois Human Rights Act

Illinois employment discrimination law, under the IHRA, 775 ILCS 5/6-101 makes it a civil rights violation for employers to retaliate against employees for engaging in protected activities under the IHRA. Employees engage in protected activity under the IHRA, 775 ILCS 5/6-101 in one or more the following ways:

• Opposing that which he or she reasonably and in good faith believes is unlawful discrimination, sexual harassment in employment or discrimination based on citizenship status in employment;
• He or she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this Act;
• He or she has requested, attempted to request, used, or attempted to use a reasonable accommodation as allowed by this Act;

An employer can be held liable for retaliating against its employee for engaging in any of the above-described protected activities.

Illinois Human Rights Act Statute of Limitations

Illinois discrimination law, under the IHRA, 775 ILCS 5/7A-102(A)(1) requires applicants and employees to timely file a Charge of Discrimination with the Illinois Department of Human Rights in writing under oath or affirmation within 300 days after the date the civil rights violation has been committed. Failure to timely file your Charge of discrimination with the Illinois Department of Human Rights will bar any recovery for the violation of your rights under the Illinois Human Rights Act. If you believe your employer violated your rights under Illinois discrimination law, you should contact Brian J Graber LLC, an Illinois employment discrimination lawyer at (312) 291-4648 or by email to schedule a free confidential consultation.