Illinois Employment Law

Illinois Human Rights Act provides very broad protections. Covers 1+ employees for harassment, 15+ for other claims. Includes arrest record, conviction record, reproductive health, and allows direct court filing.

At-Will

Yes

Right-to-Work

No

EEOC Deferral

300 days

Min. Wage

$15.00

Illinois State Laws (1)

IHRA

775 ILCS 5/1-101 to 5/10-104

300 days
1+ employees

The Illinois Human Rights Act is one of the most comprehensive state anti-discrimination statutes in the country. It prohibits employment discrimination on the basis of an extensive list of protected classes including race, color, religion, sex, national origin, ancestry, age (40+), marital status, disability, military status, sexual orientation, gender identity, unfavorable military discharge, order of protection status, citizenship status, arrest record, conviction record (with limitations), genetic information, pregnancy, and reproductive health decisions. For harassment claims, the IHRA covers all employers with one or more employees; for other discrimination claims, the threshold is 15 employees. Recent amendments allow employees to file directly in court without first filing a charge with the Illinois Department of Human Rights.

Protected Classes

racecolorreligionsexnational originancestryage (40+)marital statusdisabilitymilitary statussexual orientationgender identityunfavorable military dischargeorder of protection statuscitizenship statusarrest recordconviction record (with limitations)genetic informationpregnancyreproductive health decisions

Key Provisions

  • Prohibits discrimination on an extensive list of protected characteristics in all terms and conditions of employment
  • Harassment claims cover all employers with 1+ employees; other claims require 15+ employees
  • Includes protections for arrest record, conviction record, unfavorable military discharge, and order of protection status
  • Employers must provide annual sexual harassment prevention training
  • Recent amendments allow employees to bypass administrative filing and proceed directly to state court

Remedies

Back payFront payCompensatory damages (emotional distress)Punitive damagesAttorney fees and costsInjunctive reliefReinstatementCivil penalties for harassment
File with: Illinois Department of Human Rights (IDHR)300 days from the discriminatory act

Local Ordinances in Illinois (3)

Chicago

Chicago HRO

Chicago Municipal Code §§ 2-160-010 to 2-160-120

300 days
1+ employees

The Chicago Human Rights Ordinance prohibits employment discrimination and covers employers with as few as 1 employee, providing broader coverage than both federal and Illinois state law. It includes an expansive list of protected classes such as source of income, credit history, and criminal history. The ordinance is enforced by the Chicago Commission on Human Relations.

Protected Classes

racecolorsexgender identityagereligiondisabilitynational originancestrysexual orientationmarital statusparental statusmilitary statussource of incomecredit historycriminal historyorder of protection status
Chicago

Chicago FWO

Chicago Municipal Code § 1-25

days
100+ employees

The Chicago Fair Workweek Ordinance requires predictive scheduling for workers in specific industries including building services, healthcare, hotels, manufacturing, restaurants, retail, and warehouse services. Employers with 100 or more employees globally (250 for nonprofits) must provide advance notice of work schedules and compensate workers for last-minute schedule changes.

Cook County

Cook County HRO

Cook County Code Ch. 42

300 days
1+ employees

The Cook County Human Rights Ordinance prohibits employment discrimination in unincorporated Cook County and in municipalities that have opted in to the ordinance. It covers employers with 1 or more employees and includes protections for criminal history, source of income, and order of protection status. The ordinance is enforced by the Cook County Commission on Human Rights.

Protected Classes

racecolorsexagereligiondisabilitynational originancestrysexual orientationgender identitymarital statusparental statusmilitary statussource of incomeorder of protection statuscriminal history

Federal Laws That Apply in Illinois

These federal statutes protect workers nationwide, including in Illinois. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.

Check which laws apply to your situation in Illinois

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.Illinois laws are subject to legislative changes. Consult a qualified employment attorney in Illinois for advice about your specific situation. Last reviewed: February 2025.