Know Your Rights - FAQs

Illinois Human Rights Act ("Act"), the state's anti-discrimination law. IDHR's mission is to secure for all individuals within the State of Illinois freedom from unlawful discrimination and to establish and to promote equal opportunity and affirmative action as the policy of Illinois and its residents. IDHR provides a number of services in partnership with business, state and local government agencies, community-based organizations, and individuals. These services include investigating allegations of prohibited discrimination, training, public contract assistance, education/outreach, technical assistance, and monitoring implementation of equal employment opportunities and affirmative action in state agencies.

The Illinois Human Rights Act is the state law prohibiting discrimination in the areas of employment, real estate (housing) transactions, access to financial credit, and public accommodations. Passed in 1979, the Act created the Illinois Department of Human Rights ("IDHR") and the Illinois Human Rights Commission ("IHRC"). IDHR is responsible for enforcing the anti-discrimination provisions of the Act. The Commission is responsible for reviewing and making decisions on complaints of discrimination after IDHR's investigation has found substantial evidence of unlawful discrimination. Please refer to the IHRC's website for additional information about that agency's activities.

The Act prohibits discrimination in the areas of employment, real estate (housing) transactions, access to financial credit, and public accommodations. The Act also prohibits retaliation, and sexual harassment in employment and of students in educational institutions.

The Act prohibits discrimination based on specific "protected classes". The protected classes vary between covered areas (employment, real estate, public accommodations, and financial credit). Protected classes include, but are not limited to, race, color, religion, sex, sexual harassment, national origin, ancestry, age (40 and over), sexual orientation, gender identity, disability, pregnancy, arrest record, citizenship and immigration status, and military status. Read the complete list of protections by covered areas here.

The Illinois Department of Human Rights' (IDHR) Institute for Training and Development conducts valuable trainings to organizations and companies throughout Illinois designed to increase respect among diverse cultures both in the workplace and at home.

IDHR's Public Contracts Unit registers entities seeking to establish eligibility status for competitively bidding on state contracts. The Public Contracts Unit also conducts compliance audits of registered entities to ensure that the registered eligible bidders and public contractors are meeting their obligations required by the Illinois Human Rights Act.

The Act protects employees from discrimination in all terms and conditions of employment, such as: hiring, firing, layoff, harassment, selection, promotion, demotion, performance evaluation, transfer, pay, tenure, discipline, terms and conditions of employment (working hours, vacation, and sick leave, etc.), seniority, and union representation. For more information, see Filing a Charge - Employment. Note that some employment issues are not covered by IDHR. For instance, disputes about overtime pay or collecting unpaid wages, if not related to discrimination, fall under the jurisdiction of the Illinois Department of Labor.

One way to determine if unlawful discrimination occurred is to compare how people in different protected classes were treated. For example, if a person is fired for an incident but other people who did the same thing or something similar were only given a warning, it may be due to unlawful discrimination if those persons are in a different class. In a failure-to-hire situation, the person who is not hired may file a charge if the person believes that (s)he was rejected from employment because the person was a member of a protected class.

Another type of discrimination involves a failure to provide a reasonable accommodation where the employer or other respondent has a duty to provide it. For example: Disability: For a person with a qualifying vision impairment, a reasonable accommodation might be to provide company notices in large print if that will enable the employee to read the materials. Religion: For a person whose religious practice requires the person to pray at specified times throughout the day, an employer may permit more frequent breaks as a reasonable accommodation.

Senate Bill 1480 adds another layer of protection for anyone that has come into contact with public law enforcement. Any person who believes they are experiencing discrimination at work or with a potential job because of their conviction record can now file a charge of discrimination with the Illinois Department of Human Rights.

The Act defines sexual harassment in employment or education as any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when: Submission to such conduct is either overtly expressed or subtly suggested; Submission or rejection of the conduct is used as a basis for decisions in employment or education-related decisions or activities; or Such conduct interferes with the employee's job performance or student's educational or extracurricular performance; or creates an intimidating, hostile, or offensive working or educational environment.

The law prohibits unwelcome advances of a sexual nature or requests for sexual favors of students by an executive, faculty member, administrative staff member, or teaching assistant in an educational institution when such behavior interferes with the student's performance or creates an intimidating, hostile or offensive environment.

Yes, IDHR treats racial harassment as discrimination based on race. If a person is subjected to name-calling or negative comments based on a protected class, this may be unlawful discrimination.

The Act prohibits discrimination in the sales or rental of residential or commercial property. A few examples of housing discrimination are: misrepresenting that property is not available for rental or sale; steering to rent or purchase a housing unit in locations other than the customer's preferred area; altering the terms, conditions or privileges of the transaction; refusing to receive or transmit a bona fide offer to rent or purchase; and refusing to negotiate.

The Illinois Human Rights Act and the federal Fair Housing Act apply to real estate owners, managers, salespersons, brokers, rental agents, or other agents or employees of the owner or the owner's agents. Also, builders and appraisers are subject to the fair housing law. In addition to persons involved in real estate transactions, advertisers (newspapers and other publications that disseminate discriminatory advertising) and mortgage lenders (banks and loan brokers) can also be charged with discrimination under the Illinois Human Rights Act.

Yes. The Act prohibits the following activities in real estate transactions against people with disabilities: Refusing to rent or sell to people with disabilities; Discriminating in sale or rental terms and conditions of privileges of people with disabilities; Refusal of rental or sale to blind, hearing impaired or persons who use guide, hearing or support dogs; Requiring extra charges for the use of guide, hearing or support dogs other than for actual damages caused by such animals; Refusing to allow reasonable modifications of premises occupied by disabled persons made at those person's own expense; Failure to make reasonable accommodations in the rules, policies, practices and services of a multi-family residential development to afford persons with disabilities equal opportunity and housing enjoyment.

Refusing to engage in a real estate transaction; Altering the terms or conditions or privileges of a transaction or for the furnishing of facilities or connected services; Refusing to receive or transmit a bona fide offer in a transaction; Misrepresenting the availability of property for inspection, rental or sale when in fact the property is available; Failing to disclose property listings; Circulating written material that indicates directly or indirectly intent to commit unlawful discrimination; Expressing orally or in writing an intent to engage in unlawful discrimination directly or indirectly; Offering, soliciting, accepting, using or retaining a listing knowing unlawful discrimination is intended; Blockbusting, racial steering, panic peddling or using restrictive covenants; Discriminatory mortgage or lending practices by a financial institution or by a third party note related to a lending institution.

Yes. The Act prohibits housing discrimination related to familial status and pregnancy. It is unlawful to: Prohibit a prospective tenant from having children under 18 residing in their family household; Insert lease provisions that call for termination of the lease if children come to live in the household; Discriminate against persons who are pregnant or persons who are in the process of adopting or securing legal custody of a child; or to Limit the "number of children" under age 18 as opposed to total occupants of a particular unit.

A person may file a charge of discrimination pertaining to a real estate transaction with IDHR within one year after the date that the discrimination took place. Housing discrimination charges should be filed as soon as possible after it is believed the discrimination has occurred.

In cases where charges are filed promptly, it may be possible for IDHR to get a court order (injunctive relief) to prevent an apartment or other real property from being rented or sold to someone else while IDHR conducts an investigation.

As much information as possible about the housing provider(s), including the name(s) of the owner, manager, salesperson or other persons involved; The address and size of the property being sold or rented; Names, addresses, and phone numbers of any other persons who may be witnesses; Copies of newspaper advertisement, listing, or vacancy sheet; as well as any other documents related to the problem.

IDHR will assign the case to an investigator who will interview you and the other parties and witnesses to obtain relevant documents. In many cases, the investigator is able to help the parties resolve the matter, often within 100 days of filing the charge. A voluntary settlement between the parties may involve payment of money, accommodation request granted, housing application approved, housing providers trained, information on fair housing posted in common areas, or other appropriate relief. If the case cannot be resolved, IDHR will conduct a thorough investigation to determine if there is substantial evidence of discrimination.

If IDHR dismisses the case, the complainant may file a request for review within 90 days to appeal the dismissal with the Illinois Human Rights Commission. If IDHR issues a finding of "substantial evidence" of discrimination, a staff attorney will try to conciliate the matter between the parties. If conciliation fails, IDHR files a complaint with the Illinois Human Rights Commission (IHRC). Parties may elect instead to have their claims decided in a circuit court of Illinois.

If the Commission or a court finds that a housing provider or other respondent violated the Act, the judge may order civil penalties, as well as remedies to redress the discriminatory actions. Violators may be ordered to: Cease and desist from any further discrimination; Allow the complainant to occupy a housing unit; Pay actual damages to complainant including cost of embarrassment and humiliation; Pay complainant's attorney fees; Pay civil penalties to the state to vindicate the public interest ranging from $16,000 for a first violation to $42,500 for a second violation, and $70,000 for more than two violations; Submit compliance reports and post notices of compliance with the Act.

Under Illinois and federal fair housing law, houses, apartments, condominiums, mobile home parks, vacant land, and other types of residential property are covered. Illinois law also prohibits discrimination in transactions involving commercial property.

Section 3-102.1(C)(3) of the Act requires that covered multi-family buildings built for first occupancy on or after March 13, 1991 be designed and constructed in specific ways. For more information about accessible design and construction, see HUD's website on this topic.

The Act prohibits discrimination in the full and equal enjoyment of facilities and services by any place of public accommodation, such as a business, recreation, lodging, entertainment, or transportation facility that is open to the public. The public accommodations provision of the Act also covers State or local government facilities that are open to the public as well as educational institutions under certain circumstances. All Illinois residents have rights to equal access to the services provided by public officials (city services, police and fire department services, etc.).

Sexual orientation is a protected class like the other protected classes listed in the Act. The Act defines sexual orientation as "actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person's designated sex at birth." Persons who believe they may have been discriminated against on the basis of sexual orientation may file a charge with IDHR.

The Act prohibits financial institutions doing business in Illinois from discriminating by denying or modifying services normally offered; denying or varying loan terms; using lending standards that have no economic basis; and refusing to issue a credit card despite a proper application.

The law prohibits unwelcome advances of a sexual nature or requests for sexual favors of students by an executive, faculty member, administrative staff member, or teaching assistant in an educational institution when such behavior interferes with the student's performance or creates an intimidating, hostile or offensive environment.

Under the Illinois Human Rights Act, public and private non-sectarian schools, colleges, and universities cannot discriminate against students based on protected characteristics including race, color, national origin, sex (including pregnancy and reproductive health decisions), sexual orientation (including gender identity and gender expression), disability, religion, ancestry, and marital status. Prohibited actions include refusing to enroll a student, denying access to facilities, programs, or services, and allowing severe or ongoing harassment to continue after being informed about it. These protections apply at school and during school-related activities, whether on or off school grounds.

Under the Illinois Human Rights Act, students are protected in public and private non-sectarian elementary and secondary schools (including charter schools), non-sectarian colleges and universities, and school-sponsored activities including field trips, athletic events, performances, and other school-related activities on or off school grounds. Protections cover enrollment, access to classes and programs, use of facilities, athletics and extracurriculars, discipline, admission, course access, instruction, grading, scholarships, housing, and freedom from harassment. The Act's education protections do not generally apply to religious schools.

Examples of discrimination in education include: a school refusing to enroll a student because of their race, religion, or another protected characteristic; blocking a student from using a restroom or locker room that matches their gender identity; denying a student with a disability access to classroom technology; barring a student from a sports team, club, or activity because of their gender identity, sex, or disability; a student facing ongoing slurs, threats, or hostile treatment from peers or staff with the school taking no action after being told; a faculty member pressuring a student for sexual favors in exchange for grades or program access; denying a student with a disability a needed accommodation such as accessible materials, modified testing, or assistive technology; and a student facing lower grades or removal from a program after reporting discrimination or harassment.

Colleges and universities in Illinois must give students information about state laws and policies that prohibit sexual harassment, including where to file complaints. Schools may post these notices in common areas or share them when students register for courses. Under the Racism-Free Schools Law, elementary and secondary schools must provide training to prevent discrimination and harassment based on race, color, and national origin. Schools may use IDHR's free model training or their own program that meets the law's minimum standards.

Students have the right to be treated the same way as their peers. That includes being called by their chosen name and pronouns, using restrooms, locker rooms, and changing rooms that match their gender identity, participating in sports and other activities that align with their gender identity, following dress codes equally, and attending school free from harassment. Schools cannot refuse to enroll a student, deny access to facilities or programs, or ignore severe or ongoing harassment because of a student's gender identity or expression.

IDHR cannot investigate: cases against federal government schools or officials (the U.S. Department of Education's Office for Civil Rights handles those); complaints against religious schools, as the Illinois Human Rights Act's education provisions generally apply only to non-sectarian schools; academic disputes about grades, course content, or other academic decisions not based on a protected characteristic; bullying not based on a protected characteristic (report to your school administrator first); criminal conduct such as assault or threats (contact law enforcement by calling 911); and matters outside Illinois, which fall under other states' jurisdiction.

The Illinois Human Rights Act prohibits employment discrimination against a person based on many categories, including race, color, national origin, ancestry, citizenship status, and work authorization status. This means that an employer cannot take a negative action against an employee based on these protected categories. Negative employment actions could include harassment, discharge or discipline, refusal to hire or promote, or assigning more difficult job duties.

The Illinois Human Rights Act prohibits housing providers from using a person's "immigration status" to discriminate against them when renting an apartment, buying a home, applying for a mortgage, or receiving housing-related services. The Act also prohibits real estate brokers and appraisers from discriminating against a person based on their "immigration status." A person who believes they experienced discrimination based on their "immigration status" can report the incident to the Illinois Department of Human Rights.

The Illinois Human Rights Act prohibits discrimination against a person based on their source of income when renting an apartment, buying a home, applying for a mortgage, or receiving housing-related services. The Act also prohibits real estate brokers and appraisers from discriminating against a person based on their source of income.

The Illinois Human Rights Act prohibits employment discrimination against a person based on many categories, including race, color, national origin, ancestry, citizenship status, and work authorization status. This means that an employer cannot take a negative action against an employee based on these protected categories. Negative employment actions could include harassment, discharge or discipline, refusal to hire or promote, or assigning more difficult job duties. For example, an employer cannot fire or discipline an employee based on their national origin.

The Illinois Human Rights Act prohibits housing providers from using a person's "immigration status" to discriminate against them when renting an apartment, buying a home, applying for a mortgage, or receiving housing-related services. The Act also prohibits real estate brokers and appraisers from discriminating against a person based on their "immigration status." A person who believes they experienced discrimination based on their "immigration status" can report the incident to the Illinois Department of Human Rights.

The Illinois Human Rights Act prohibits discrimination against a person based on their source of income when renting an apartment, buying a home, applying for a mortgage, or receiving housing-related services. The Act also prohibits real estate brokers and appraisers from discriminating against a person based on their source of income. A person who believes that they experienced discrimination because of their source of income may report the incident to the Illinois Department of Human Rights.

The Illinois Human Rights Act protects a person from being discharged, disciplined, denied employment, or denied promotions, because of a conviction record without notice and an interactive assessment of whether there is a substantial relationship between the conviction and the job. A person who believes they have been discriminated against based on a conviction record may file a charge with the Illinois Department of Human Rights.

Under the Illinois Human Rights Act, a conviction record includes, but is not limited to information showing that a person has been convicted of a felony, misdemeanor or other crime, placed on probation, fined, imprisoned or paroled by any law enforcement agency or military authority.

Some examples of a conviction record are guilty pleas or court orders that show a person was convicted of any felonies, misdemeanors or other criminal offenses.