Illinois Civil Rights Laws

Illinois‘ civil rights protections are designed to ensure fairness and equal opportunity for everyone. This is regardless of gender​ or any other protected characteristic. These laws work alongside federal protections. Together, they help ensure that Illinoisans can participate in society without fear of discrimination. Understanding your rights can help you recognize violations and what to do about them.

This article breaks down key civil rights laws in Illinois. We’ll also explore how state protections supplement federal civil rights laws​ to curb discrimination.

If you think you may have experienced a civil rights violation in the state of Illinois, contact an attorney to review your case. You’ll likely have multiple options for pursuing remedies. An Illinois civil rights lawyer​ can help you understand them. That way, you can determine the best way to proceed.

In the meantime, let’s start with the basics.

What Are Civil Rights Protections?

Civil rights protections​ are the laws that protect against discrimination. Discrimination means unfair treatment of someone based on one or more protected characteristics. These are categories or personal traits that cannot be used to treat someone unfairly.

Civil rights protections in Illinois apply to several areas of life. These include:

• Employment: Hiring, firing, promotions, pay, workplace conditions
• Housing and real estate transactions: Renting, buying, and selling property
• Public accommodations​: Restaurants, hotels, stores
• Education and higher education: Schools, colleges, training programs
• Health care: Hospitals, clinics, insurance providers
• Financial credit: Banks, loans, credit decisions
• Law enforcement: Protections against discriminatory policing
• Government services: Programs and benefits

These protections come from statutes passed by the Illinois General Assembly​ and from federal law. The federal civil rights protections set a national baseline. Illinois law often goes further, covering more situations and types of discrimination. When both state and federal protections apply to a situation, you are entitled to whichever law provides greater protection or more favorable remedies.

Federal Civil Rights Protections

Federal civil rights protections are provided by various federal laws. These include the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). These laws apply nationwide and set the minimum level of protection from unlawful discrimination.

Here are some examples of important civil rights protections:

• Title VII of the Civil Rights Act of 1964 (Title VII): Applies to most employers (with 15 or more employees) and prohibits employment discrimination based on national origin, race, color, religion, and sex
• ADA: Protects people with physical/mental disabilities and requires reasonable accommodations in many workplaces, schools, and public spaces
• Age Discrimination in Employment Act (ADEA):​ Protects workers age 40 and older from age-based employment discrimination
• Fair Housing Act (FHA): Prohibits discrimination in housing and real estate transactions based on race, color, religion, sex, national origin, disability, and familial status
• Equal Pay Act (EPA): Applies to most employers engaged in interstate commerce and requires equal pay for equal work regardless of sex
• Uniformed Services Employment and Reemployment Rights Act (USERRA):​ Protects veterans and service members from employment discrimination based on military status

These protections are enforced by the U.S. Department of Justice (DOJ), the Equal Employment Opportunity Commission (EEOC), and other federal agencies.

Illinois Civil Rights Protections

Illinois law​ often builds on these federal protections. It does so by expanding who is protected, where the protections apply, and how claims can be enforced. Because of this, you might have a strong claim under Illinois law in spite of not qualifying for a federal claim.

To illustrate this, let’s take a look at key Illinois civil rights laws in this section.

Illinois Human Rights Act (IHRA)

The IHRA​ is the state’s main civil rights law. It expands federal protections by applying anti‑discrimination, harassment, and sexual harassment rules across employment, housing, credit, education, and public accommodations. It also protects certain traits not named in federal statutes. These include:

• Arrest record
• Citizenship​ status
• Marital status
• Sexual orientation/gender identity (though not named in Title VII, the Supreme Court interpreted the statute in 2020​ to protect these traits “because of sex”)
• Order of protection status

The IHRA applies to more employers than Title VII, which exempts smaller employers. In general, the IHRA covers employers with one or more employees in Illinois during 20 or more calendar weeks in the current or preceding calendar year.

Illinois Civil Rights Act of 2003 (ICRA)

The ICRA bans discrimination​ by state/local governments, as well as any public or private program that receives state funding. It prohibits policies that have a disparate impact (i.e., a discriminatory effect), regardless of intent to discriminate. This is a broader standard than most federal civil rights protections use.

Illinois Equal Pay Act of 2003

This Illinois law​ prohibits employers from asking job applicants about salary history. It also requires equal pay for substantially similar work and addresses wage discrimination in two specific ways:

• It prohibits sex-based wage discrimination for employers with four or more employees
• It prohibits wage discrimination against Black employees based on race

While the statute specifically names protections for Black employees regarding race-based wage discrimination, broader race-based protections against employment discrimination exist under the Illinois Human Rights Act for all racial groups. The law also uses a lower standard than the federal EPA​, making it easier for employees to show pay discrimination.

Employers with 15 or more employees must include pay scales and benefits in job postings. This pay transparency requirement helps ensure wage fairness by allowing applicants to understand compensation before applying or accepting positions.

Victims’ Economic Security and Safety Act (VESSA)

VESSA is a labor and employment leave statute that provides important protections, working alongside civil rights laws. It gives certain rights to employees affected by domestic violence, sexual violence, or gender violence. These include the right to:

• Take unpaid, job‑protected leave to address issues related to the violence
• Use leave to seek, obtain, or enforce an order of protection​
• Request workplace accommodations or other safety-related modifications

VESSA protects people experiencing violence from losing their jobs. This fills a gap not covered by federal civil rights statutes.

Illinois Equal Wage Act (IWEA)

The IWEA supplements federal wage laws, such as the Fair Labor Standards Act (FLSA)​ and the federal EPA. It covers all Illinois employers and bans sex‑based wage discrimination, including the smallest employers not covered by the Illinois and federal EPAs.

How To File an Illinois Civil Rights Complaint

State and federal civil rights protections generally have their own enforcement mechanisms. Your starting point for complaints depends on which law or laws were violated. Since this is not always obvious, let’s examine the most common paths to follow.

Most Illinois civil rights complaints start with the Illinois Department of Human Rights (IDHR), which often serves as a single intake point. It can evaluate the facts and determine which state and federal civil rights laws may apply.

Filing with the IDHR can preserve your ability to pursue both state and federal remedies. The IDHR has a work-sharing agreement with the EEOC, which means filing with the IDHR may automatically initiate a federal claim with the EEOC as well.

Step-By-Step Process

Begin by accessing the IDHR’s online intake system​. You can also start by calling or walking into the Chicago or Springfield offices.

Provide details about what happened and why you suspect discrimination. The IDHR will investigate your claim. This involves interviewing witnesses, reviewing documents, and gathering evidence.

The IDHR then decides whether there is “substantial evidence” of discrimination. If so, your case can move to the Illinois Human Rights Commission (IHRC)​ for a hearing. An IHRC hearing is a formal, trial‑like proceeding. Having a legal advocate with you for this can make a massive difference.

Remedies from an IHRC Hearing

If the IHRC finds that discrimination occurred, it can award a range of possible remedies. These may include:

• Back pay/front pay
• Hiring, reinstatement, or promotion
• Lost benefits
• Compensatory damages for emotional distress​
• Civil penalties (in housing cases)
• Attorney’s fees and costs
• Cease‑and‑desist orders

These remedies are legally enforceable in court if the responsible party doesn’t comply. If the IDHR does not find substantial evidence, you may still request a (limited) IHRC review or choose to file a lawsuit.

Filing a Civil Rights Lawsuit

There are many reasons people choose to file a lawsuit. This may be in circuit court or federal court, depending on the laws involved. It can be used instead of or in addition to filing with the IDHR. Matters that affect the public interest or show a pattern of discrimination could also involve the Illinois attorney general​.

Courts in civil rights cases may award various remedies. Depending on the case, these might include:

• Compensatory damages (for emotional harm or financial losses)
• Punitive damages (in some cases)
• Court orders requiring the defendant to stop discriminatory practices
• Payment of attorney’s fees
• Reinstatement or job-related remedies
• Damages for retaliation​

The rules and deadlines governing civil rights complaints and lawsuits are strict and varied. Some agencies, like the EEOC, require people to file an agency complaint of employment discrimination​ and obtain permission to sue first.

Civil Rights Violated in Illinois? Speak With an Attorney

Illinois discrimination claims can fall under multiple overlapping state and federal laws. This makes speaking with an attorney a very good idea. They can identify the relevant laws and help you understand your options. They’ll also keep tabs on looming deadlines​ to preserve your rights.

Early guidance can help you strategize. This can be key for creating an administrative record with the IHRC, EEOC, or any government agency. It can also help prevent mistakes that can’t be undone, like waiving your right to raise certain claims later.

Finding an attorney that you trust isn’t always easy. For those who aren’t quite sure where to start, FindLaw has made its own directory of qualified Illinois civil rights attorneys​ publicly accessible. It offers credentials and ratings information for experts in your area.

Take a moment to review their backgrounds. Look for one who’s nearby and experienced in cases like yours. Arrange a consultation to better equip you to make informed decisions about your next steps.