Summary of Workplace Discrimination Claims in Illinois
Workplace discrimination occurs when an employee or job applicant is treated unfairly based on a protected characteristic. In Illinois, both federal and state laws safeguard employees from such practices, ensuring fair treatment and equal opportunities for all.
Key Laws Governing Discrimination Claims
Illinois Human Rights Act (IHRA)
- Protects employees against discrimination, harassment, and retaliation in the workplace.
- Applies to employers with one or more employees.
Federal Laws
- Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, religion, sex, and national origin.
- Age Discrimination in Employment Act (ADEA): Protects employees 40 and older.
- Americans with Disabilities Act (ADA): Requires employers to provide reasonable accommodations for employees with disabilities.
- Equal Pay Act (EPA): Mandates equal pay for equal work regardless of gender.
Summary of Workplace Discrimination Claims in Illinois
Workplace discrimination occurs when an employee or job applicant is treated unfairly based on a protected characteristic. In Illinois, both federal and state laws safeguard employees from such practices, ensuring fair treatment and equal opportunities for all.
Protected Characteristics in Illinois
Illinois law prohibits discrimination based on the following:
- Race
- Color
- Sex/Gender (including pregnancy, sexual orientation, and gender identity)
- Age (40 and older under the Age Discrimination in Employment Act)
- Religion
- National Origin
- Disability
- Marital Status
- Military Status
- Arrest Record (in many cases)
- Citizenship Status
- Order of Protection Status
- Unfavorable Discharge from Military Service
Key Laws Governing Discrimination Claims
Illinois Human Rights Act (IHRA)
- Protects employees against discrimination, harassment, and retaliation in the workplace.
- Applies to employers with one or more employees.
Federal Laws
- Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, religion, sex, and national origin.
- Age Discrimination in Employment Act (ADEA): Protects employees 40 and older.
- Americans with Disabilities Act (ADA): Requires employers to provide reasonable accommodations for employees with disabilities.
- Equal Pay Act (EPA): Mandates equal pay for equal work regardless of gender.
Filing a Workplace Discrimination Claim in Illinois
Employees can file claims through two primary avenues:
1. Illinois Department of Human Rights (IDHR)
- Handles complaints under the Illinois Human Rights Act.
2. Equal Employment Opportunity Commission (EEOC)
- Handles federal workplace discrimination claims.
Both agencies allow employees to "dual file" a claim, meaning it is filed with both the IDHR and EEOC simultaneously.
Potential Remedies for Discrimination
If a workplace discrimination claim is successful, remedies may include:
- Back Pay: Compensation for lost wages.
- Reinstatement: Restoring employment or benefits.
- Damages: Monetary compensation for emotional distress, punitive damages, or attorney fees.
- Policy Changes: Requiring the employer to update workplace policies and practices.
Retaliation Protections
- Illinois law prohibits employers from retaliating against employees who file discrimination claims, participate in investigations, or oppose discriminatory practices.
