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Employers and Businesses

This hub is for employers and businesses looking to comply with Illinois civil rights laws. If you're an employee who has experienced discrimination, learn more about your rights here.

Have you been named in a filing with the Illinois Department of Human Rights? Learn more about your responsibilities and the overall process here.

Table of Contents

Specialized requirements based on Company Type

Sexual harassment prevention

Every employer in Illinois must provide annual sexual harassment prevention trainings to all employees. This page covers everything you need to know as far as required trainings, postings, and policies pertaining to Sexual Harassment Prevention requirements

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Required Postings

Every employer in Illinois must:

  • Post notices where employees can see them, summarizing the requirements of the Illinois Human Rights Act, including:
    • How to file a charge
    • The right to be free from unlawful discrimination
    • The right to be free from sexual harassment
    • The right to reasonable accommodations
  • Include this notice in any employee handbooks

Examples of this notice are available in our Required Workplace Postings.

Employment discrimination overview

Who is protected under Illinois Law?

You cannot discriminate in employement based on:

  • Race  
  • Color 
  • Sex (including sexual harassment)
  • Religion 
  • National origin 

  • Ancestry

  • Age (40 and over)

  • Marital status,

  • Physical or mental disability

  • Military status or unfavorable military discharge
  • Sexual orientation (including gender identity)

  • Pregnancy (including childbirth and related conditions)
  • Reproductive health decisions
  • Family responsibilities
  • Order of protection status (for victims or domestic violence)
  • Langage
  • Arrest record
  • Conviction record (with limitations)

 

 

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What's prohibited?

You cannot:
  • Treat someone unfairly in hiring, firing, pay, promotions, or work assignments because of a protected characteristic (like race, sex, gender identity, sexual orientation, religion, national origin, age 40+, disability, pregnancy, military status, etc.).
  • Harass employees or applicants based on any protected characteristic, including sexual harassment or creating a hostile work environment.
  • Retaliate against someone for reporting discrimination or harassment, filing a complaint, or helping someone else with theirs.
  • Refuse reasonable accommodations for disability, religion, pregnancy, childbirth, or related needs (like lactation or menopause) when accommodations are possible.

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Reporting requirements

Who needs to report:

If your business has received a judgment or administrative ruling related to discrimination or harassment, Illinois law requires you to report it to IDHR annually by July 1st each year thereafter. You need only report judgments and rulings that were final, non-appealable, and adverse to your business.

You must also keep records for 5 years on any settlements you enter related to allegations of discrimination or harassment. IDHR may request this information as part of a charge investigation.

Report any:

  • Court judgments related to discrimination or harassment

  • Administrative rulings from IDHR or other agencies

How to report

Submit your report on or before July 1 each year using the procedure and form available here on our site. Include:

  • Number of court judgments, by protected characteristic
  • Number of administrative rulings, by protected characteristic

File an adverse judgment report →

2023 Form IDHR 2-108 Report of Final Non-Appealable Adverse Judgments/Administrative Rulings

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Pregnancy rights

What Illinois law requires:
All employers must:

  1. Post English and Spanish notices about pregnancy rights where employees can see it.

  2. Include information in employee handbooks

  3. Provide reasonable accommodations for pregnancy-related conditions

Notices
Pregnancy and Your Rights in the Workplace
Pregnancy and Your Rights in the Workplace (Spanish Version, Aviso de embarazo)
What are reasonable accommodations?

Accommodations might include:

  • Time off for prenatal appointments

  • Modified work schedules or tasks

  • Breaks to express breast milk

  • Temporary transfer to less strenuous work

  • Reject unsolicited offers from your employer for your pregnancy

Each request should be handled individually through an interactive process with the employee.

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Resources

The IDHR Training Institute

Access free courses on topics like:
Sexual harassment prevention, Implicit bias training, Diversity and inclusion, Workplace skills development

Go to Training Institute

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