Skip to content
All posts

What are my rights as an employee in Illinois if I am being discriminated against based on my race or ethnicity?

As an employee in Illinois, you are protected under state and federal laws from discrimination based on race or ethnicity. Discrimination can take many forms including hiring, promotions, pay, and termination. To take action against discrimination, you should first report the discrimination to your employer. If your employer fails to address your complaint, you can file a complaint with the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC).

Under Illinois law, discrimination is prohibited under the Illinois Human Rights Act (IHRA). The IHRA prohibits discrimination based on race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, gender-related identity, and pregnancy.

If you believe you have been discriminated against, you should keep detailed records and documentation of the discriminatory behavior, including dates, times, and witnesses. You should also file a complaint with the IDHR within 300 days of the incident or file a complaint with the EEOC within 180 days. The IDHR and EEOC will investigate your claim and determine whether there is probable cause to believe the discrimination occurred.

If you receive a favorable determination from the IDHR or EEOC, you have the right to file a lawsuit against your employer. You may be able to recover damages including lost wages, emotional distress, and punitive damages.

It is important to note that there are limitations to your rights as an employee in Illinois. For example, if you work for an employer with fewer than 15 employees, you may not be covered by the IHRA. Additionally, if you are not an employee but an independent contractor or intern, you may not be covered by anti-discrimination laws.

If you believe you have been discriminated against based on your race or ethnicity, it is important to seek the advice of an experienced employment discrimination attorney. An attorney can help you understand your rights, the applicable laws, and the legal process for filing a complaint or lawsuit.