Workplace Issues in Illinois
Key Illinois Law
Illinois Human Rights Act, 775 ILCS 5/2-102
The Illinois Human Rights Act (IHRA) prohibits employment discrimination based on race, color, religion, national origin, ancestry, age (40+), sex, sexual orientation, gender identity, marital status, order of protection status, disability, military status, pregnancy, citizenship status, and work authorization status. It applies to employers with 15 or more employees generally, but with 1 or more employees for sexual harassment claims.
View official statuteProcedural Details in Illinois
Filing Deadlines & IHRA Procedures
Illinois is an at-will employment state, but the IHRA is among the most comprehensive state anti-discrimination statutes in the nation. Workers must file a charge with the Illinois Department of Human Rights (IDHR) within 300 days of the discriminatory act. After investigation, workers may request a right-to-sue notice and proceed in circuit court or before the Illinois Human Rights Commission (IHRC). For sexual harassment claims, IHRA coverage extends to employers with just one employee.
Wage, Hour & Leave Requirements
Illinois's minimum wage is $14.00 per hour in 2024, increasing to $15.00 in 2025 under the Illinois Minimum Wage Law (820 ILCS 105/4). Chicago and Cook County have higher local minimum wages. Illinois requires employers with 15+ employees to provide 40 hours of paid leave per year under the Illinois Paid Leave for All Workers Act (effective January 1, 2024). The Illinois One Day Rest In Seven Act requires at least 24 hours of rest per week for most employees.
Workplace Transparency & Anti-Harassment
Illinois has a Workplace Transparency Act requiring annual anti-harassment training for all employees and prohibiting certain non-disclosure agreements that would prevent workers from reporting harassment or discrimination. Illinois also restricts salary history inquiries under the Illinois Equal Pay Act amendments, prohibiting employers from asking about prior compensation during the hiring process.
Illinois Agencies & Resources
Illinois Department of Human Rights (IDHR)
Investigates employment discrimination charges under the Illinois Human Rights Act. File within 300 days of the discriminatory act.
Illinois Department of Labor
Enforces Illinois minimum wage, paid leave, and wage payment laws. Handles wage claims and labor standards complaints.
Illinois Human Rights Commission
Adjudicates employment discrimination cases after investigation by IDHR. Provides an administrative hearing alternative to civil court.
Frequently Asked Questions
How long do I have to file an employment discrimination charge in Illinois?
Under the Illinois Human Rights Act, you have 300 days from the date of the discriminatory act to file a charge with the Illinois Department of Human Rights (IDHR). For sexual harassment claims, coverage extends to employers with just one employee. After investigation, you may request a right-to-sue notice to proceed in court.
Does Illinois require paid leave?
Yes. The Illinois Paid Leave for All Workers Act (effective January 1, 2024) requires employers with 15 or more employees to provide at least 40 hours of paid leave per year, usable for any reason. This is one of the broader state paid leave mandates in the country.
What is Illinois's minimum wage?
Illinois's minimum wage is $14.00 per hour in 2024, increasing to $15.00 per hour on January 1, 2025, under the Illinois Minimum Wage Law (820 ILCS 105/4). Chicago and Cook County have higher local minimum wages.
What sexual harassment training is required for Illinois employers?
Under the Illinois Workplace Transparency Act, employers must provide annual anti-sexual harassment training to all employees. The Illinois Human Rights Act also expressly requires employers to maintain a written sexual harassment prevention policy. Failure to comply may be relevant evidence in discrimination proceedings.
Can my employer ask about my salary history in Illinois?
No. Amendments to the Illinois Equal Pay Act (820 ILCS 112/) prohibit employers from asking job applicants about their salary history or using prior compensation to determine wages. Employers who violate this provision may face penalties and civil liability. The law is designed to address pay inequities that may follow workers from one employer to another. Illinois workers who believe they were asked prohibited salary history questions during hiring could file a complaint with the Illinois Department of Labor.
What protections does Illinois provide for workers who report safety violations?
Illinois provides multiple layers of whistleblower protection. The Illinois Whistleblower Act (740 ILCS 174/) protects employees who report legal violations to a government or law enforcement agency. The Illinois Health and Safety Act provides protections for workers who report workplace safety hazards. Federal OSHA protections also apply. Retaliation against an employee for reporting safety violations could give rise to claims for reinstatement, back pay, and compensatory damages. Illinois courts have generally been receptive to whistleblower retaliation claims when connected to clear statutory protections.
Related Workplace Issues Scenarios
Can I sue for wrongful termination?
Understanding when firing might be illegal and what your employment rights are.
Can I sue for unpaid wages?
Understanding your rights when an employer doesn't pay what you're owed.
Can I sue for retaliation after reporting workplace safety concerns?
Legal protection against employer retaliation for reporting safety violations or refusing unsafe work.
Can I sue for disability discrimination when employer won't accommodate?
Legal options when employers fail to provide reasonable accommodations for qualified disabilities.
Have a Specific Situation in Illinois?
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