Illinois prohibits discrimination in the workplace against job applicants and employees. The Illinois Human Rights Act (IHRA) prohibits unfair treatment by employers. But which type of workers are protected?
Here is who is protected:
Protected characteristics in Illinois
Illinois law prohibits employers from making unfavorable decisions based on protected characteristics.
These include race, color, ancestry, national origin, disability, religion, sex, sexual orientation, age (40 and over), marital status, pregnancy, reproductive health decisions, family responsibilities, military status and unfavorable discharge, citizenship status, work authorization status, order of protection status, language, arrest record and conviction record (with limitations).
Employers cannot use these characteristics when making decisions like hiring, firing, compensation, promotion, demotion, duty/shift assignments, training, transfer, performance evaluation, discipline and working conditions.
For example, refusing to hire/promote qualified applicants of a particular race; paying female employees less than male coworkers for the same duties; subjecting a veteran to constant offensive remarks; suspending an employee of a specific race or gender while giving their colleague a verbal warning for the same mistake, and so on.
It’s also unlawful when an employer, supervisor, or coworker creates a hostile work environment for an employee, for instance, through sexual harassment.
Does the law apply to all employers?
You are protected from employment discrimination if you work for a private employer, state and local government employer, employment agency or labor organization (union).
If an employer has had at least one employee for each working day in 20 or more calendar weeks in the current or preceding year, an employee or job applicant can file most employment discrimination claims against them. If a claim involves sexual harassment, disability or pregnancy, only one employee is needed for a claim to be filed.
Employment discrimination can significantly impact one’s career. If you have experienced any form of discrimination at work, consider legal guidance to know the steps to take.