Employment Protections for Immigrants and Non-Citizens FAQ

The Illinois Human Rights Act is a state law that prohibits discrimination in housing, employment, places of public accommodation, financial credit, and education in the state of Illinois. The Illinois Department of Human Rights (Department) is the state agency responsible for enforcing the Illinois Human Rights Act. The role of the Department is to conduct a neutral and fair investigation of the allegations of discrimination stated in a charge of discrimination under the Act.

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. 

Employers are required to verify the identity and employment eligibility of their employees. However, under the Illinois Human Rights Act, employers cannot reject valid-appearing documents, such as an Employment Authorization Document, or insist on additional documents beyond what is required by federal Form I-9. Employers also cannot refuse to honor work authorization based on the type or term of work authorization status, such as refusing to accept an Employment Authorization Document because it has a future expiration date. 

The Illinois Human Rights Act outlines the protections against discrimination in employment, housing, places of public accommodation, financial credit, and education in Illinois. For example, employers may not discriminate against workers or job applicants based on national origin, ancestry, work authorization status, citizenship status, and other protected categories.

The Illinois Human Rights Act also outlaws some specific immigration-related and language-related practices at work, like rejecting valid-appearing documents or requiring workers to speak English in non-work-related conversations at work. More information about protected categories under the Illinois Human Rights Act can be found on this site and in these FAQ.

An employer who violates the Illinois Human Rights Act may be subject to proceedings in the Illinois Human Rights Commission or court action following the filing of a charge and could be ordered to pay damages and attorney’s fees, cease and desist from discrimination, and take other action to make the complainant whole.

“Work authorization status” is defined as the status of being a person born outside of the United States, and not a U.S. citizen, who is authorized by the federal government to work in the United States. The Illinois Human Rights Act prohibits discrimination in employment based on work authorization status.

“Citizenship status” means the status of being: (1) a born U.S. citizen; (2) a naturalized U.S. citizen; (3) a U.S. national; or (4) a person born outside the United States and not a U.S. citizen who is lawfully present and who is protected from discrimination under the provisions of Section 1324b of Title I of the United States Code, as now or hereafter amended. The Illinois Human Rights Act prohibits discrimination in employment based on citizenship status. 

Within the Illinois Human Rights Act, language means a person’s native tongue, such as Polish, Spanish, or Chinese. It does not include slang, jargon, profanity, or vulgarity.  Employers cannot restrict employees from speaking a particular language when it is not related to their job duties.

“National origin” means the place in which a person or one of their ancestors were born.  Discrimination based on national origin is prohibited in all areas of coverage in the Act, including employment, housing, public accommodations, and financial credit.

A person who has applied for a U-Visa and has received an Employment Authorization Document would be an example of a type of work authorization that is protected.  An individual who came to the United States on a green card and later became a naturalized citizen would be an example of a type of citizen that is protected under the Illinois Human Rights Act.

An employer hiring an individual who is a U.S. citizen rather than a more qualified individual whose work authorization will expire in a year is an example of possible work authorization status discrimination.

A manager requiring an individual to provide more or different documents than what is required to prove the individual’s work authorization status is an example of possible work authorization status discrimination.

An employer threatening to fire an individual unless the individual provides new work authorization status documents, even when the work authorization documents the individual previously provided to the employer had reasonably appeared genuine and the validity period indicated on those work authorization documents had not yet expired is an example of possible work authorization status discrimination.

An employer refusing to accept work authorization documents that on their face reasonably appear genuine because the employer heard something on “the news” that individuals with the specific immigration status tied to such work authorization documents may have had their status revoked by the federal government is an example of possible work authorization status discrimination.

A manager making frequent derogatory comments about naturalized citizens and stating that they would only promote U.S.-born employees is  an example of possible citizenship status discrimination.

A manager hiring a less qualified applicant of the same national origin as most of the team because they felt that applicant would “fit in” with the team better than someone from a different national origin is an example of possible national origin discrimination.

A manager demanding that two co-workers speak only English while they’re in the break room eating lunch is an example of possible language discrimination.

An employee states to their manager that they cannot prohibit them from speaking Spanish while at lunch and that they are going to file a complaint of discrimination with Human Resources. The manager soon after promotes another less-qualified employee who does not speak Spanish over the employee who complained. This is an example of possible unlawful retaliation.

A co-worker repeatedly calling an Arab-American employee a “terrorist” or making jokes about getting the employee deported is an example of possible unlawful harassment in the workplace. The co-worker does not make those kinds of jokes to non-Arab-American employees. 

A person may file a charge by submitting a Complainant Information Sheet which can then be submitted to the Department by email, mail or fax.  A charge of discrimination must be filed within two years of the alleged discriminatory action, or within one year for housing discrimination cases. The Complainant Information Sheet and other information on the filing process can be found on the Department’s website’s Filing a Charge page.

For employment and housing discrimination charges,  the Department typically also files charges with the federal government (for employment, the Equal Employment Opportunity Commission, or EEOC; or for housing, the U.S. Department of Housing and Urban Development, or HUD) if the charge is also covered by federal anti-discrimination laws, such as for national origin discrimination. A person who does not wish the Department  to file their employment or housing discrimination charge with a federal government agency (EEOC or HUD) should advise an Intake supervisor when contacting the Department to file their charge.

A person who believes that they have experienced or witnessed an act of hate can report the incident online at ILStopHate.org or by phone (877-458-4283) to the Help Stop Hate line.  Learn more about hate at  https://cdhc.illinois.gov/what-is-hate.html.

Gather any documentation you have access to, such as emails, notes of incidents when they occurred, names of witnesses, statements from witnesses, names of individuals who were treated better, etc. Write an outline or narrative of the potential discrimination. 

No. The Illinois Department of Human Rights has investigators who speak languages other than English who can assist individuals who do not speak English when they report discrimination. Additionally, the Illinois Department of Human Rights has access to translation services to assist individuals who do not speak English during the investigation process.  You may also bring a support person of your choice to interviews.

Yes. The Illinois Department of Human Rights helps anyone who needs assistance accessing and understanding our information. Please contact us to arrange an accommodation if you are a person with a disability.

 - Call 312-814-6262 (voice), 866-740-3953 (TTY)

- Email IDHR.ADA@illinois.gov

No. All Illinoisans regardless of their immigration status can report discrimination to the Illinois Department of Human Rights.  If there is certain personal information you would like withheld, please advise an Intake supervisor when contacting the Department to file your charge.

For employment and housing discrimination charges, the Department typically also files charges with the federal government (for employment, the Equal Employment Opportunity Commission, or EEOC; or for housing, the U.S. Department of Housing and Urban Development, or HUD) if the charge is also covered by federal anti-discrimination laws, such as for national origin discrimination. A person who does not wish the Department to file their employment or housing discrimination charge with a federal government agency (EEOC or HUD) should advise an Intake supervisor when contacting the Department to file their charge.

The Department does not contact other federal agencies regarding individual complainants.

For a charge to be filed with the Illinois Department of Human Rights, a person’s name is usually required. However, if there are special circumstances or other personal information you would like withheld, please advise the Department when contacting the Intake division. 

No. You do not need an attorney to file a charge of discrimination with the Illinois Department of Human Rights. However, an attorney may represent a party at any stage of the process. The Department does not refer complainants to attorneys but does maintain lists of legal aid associations and other organizations that may represent complainants in discrimination cases.

No. There are no fees involved in reporting discrimination to the Illinois Department of Human Rights.

The Illinois Human Rights Act protects against retaliation for reporting discrimination or for cooperating with the Illinois Department of Human Rights’ investigation process.

For example, if an individual files a charge with the Illinois Department of Human Rights and their employer acts against them because of the charge, that individual can file another charge based on retaliation. Willful interference with an Illinois Department of Human Rights investigation is also a civil rights violation under the Illinois Human Rights Act.

Deferred Action for Labor Enforcement (“DALE”) is a process by the federal government to allow certain immigrant workers deferred action to delay deportation proceedings to report an employer’s unlawful employment practices.

It allows an individual to be temporarily considered lawfully present in the U.S. and able to apply for work authorization. The Illinois Department of Human Rights can complete a Statement of Interest as part of the DALE process if an individual has been a victim of or who may have witnessed workplace discrimination. Find more information about the DALE process on this site. However, the Illinois Department of Human Rights cannot offer legal advice related to the DALE process.