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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.
Immigration Status, Citizenship, and National Origin Protections
Illinois law protects you from discrimination based on immigration status, citizenship, or national origin. Whether you are a U.S. citizen, permanent resident, visa holder, asylum seeker, DACA recipient, or undocumented individual, you have the right to be free from discrimination. All immigration statuses are equally protected—and you can report discrimination regardless of your immigration status.
What you'll find here:
Examples of discrimination, where you are protected, how to file a charge, and what housing providers must do under the law.
⏱ Reading time: 16 minutes
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Table of contents
Learn What Discrimination Looks Like
Examples of disability discrimination in housing, work, and services
Do You Want to File a Charge?
Find out how to file and what to expect.
What the Law Covers
Know your protections in employment, housing, healthcare, and public spaces
Housing Provider Responsibilities
What housing providers must do to avoid discrimination.
Retaliation is Illegal
Understand protections when you report discrimination.
What IDHR Cannot Do
Learn our limits so you can find the right help.
Immigration Status, Citizenship, and National Origin FAQs
Find answers to common questions.
Learn What Discrimination Looks Like
Illinois law makes it illegal to discriminate against you because of your immigration status, citizenship, or national origin. The Illinois Human Rights Act was expanded in January 2024 to provide protection against discrimination related to immigration status in housing.
What immigration status means:
Your actual or perceived citizenship or immigration status. Everyone has an immigration status—including U.S. citizens.
Examples include:
- Native-born or naturalized U.S. citizens
- Permanent residents
- Asylees and refugees
- Work, school, or travel visa holders
- TPS, DACA recipients
- Undocumented individuals
Note:
- All immigration statuses are equally protected from discrimination in housing regardless of whether actual or perceived.
- The Illinois Human Rights Act protects both new applicants and current tenants. The protection also applies in situations where a housing provider denies a tenant’s request to add a household member to the lease simply because of the new household member’s “immigration status.”
Discrimination examples
Discrimination can happen in ways that are obvious or hidden. These real examples can help you tell when your rights have been violated.
In housing applications
A landlord prefers applicants with certain immigration status or posts "citizens only" advertisements.
Unequal treatment in housing
You are charged higher fees or security deposits because of your immigration status.
Invasive questioning
A property manager asks only applicants with Spanish surnames about immigration status while never asking others.
Retaliation and threats
Your landlord threatens to call immigration authorities when you complain about needed repairs.
At work
You are denied a job or promotion despite being authorized to work, or paid less based on immigration status.
In services and credit
A lender denies your mortgage solely because you are not a U.S. citizen, despite stable income and good credit.
Do You Want to File a Charge?
If you have faced discrimination based on immigration status, citizenship, or national origin, here is what you should know.
Before you file:
- You must file within a specific timeframe
- Filing is free
- You do not need a lawyer
- You are protected from retaliation for filing
- You do not need to be a Permanent Resident or U.S. Citizen to file
What happens when you file:
We review your claim to see if it falls under the Illinois Human Rights Act
If accepted, we investigate by gathering information from all parties
We may attempt to resolve the matter through mediation or settlement
If not resolved, your case may proceed to a hearing
We will draft a charge for your signature if:
- Your allegations are covered under the Act
- We have jurisdiction
- You file within the required timeframe
What the Law Covers
Under Illinois law, employers, landlords, lenders, and businesses cannot treat you unlawfully because of your immigration status, citizenship, or national origin.
Housing
The law covers: Landlords, property managers, sellers, and lending institutions
And protects your from discrimination in: Renting, buying, or seeking financing. This includes refusing to rent or sell, posting discriminatory advertisements (such as citizens only), charging different fees, or denying requests to add household members.
Employment
The law covers: Workplaces with 15 or more employees for most cases, or one or more employees for certain violations
And protects your from discrimination in: Hiring, firing, pay, job assignments, and promotions. You have the right to a workplace free from harassment based on national origin or immigration status.
Financial Credit
The law covers: Banks and other lenders
And protects your from discrimination in: Applications for mortgages, loans, or financial services. Lenders must offer the same terms to others with similar financial profiles.
Public Accommodations
The law covers: Businesses, healthcare facilities, schools, and government services that are open to the public
And protects your from discrimination in: Denying equal access or treating you differently because of immigration status, citizenship, or national origin.
Housing Provider Responsibilities
Housing providers must follow specific requirements under Illinois law to avoid discrimination based on immigration status.
Best Practices
Be consistent in applications:
- Screen applicants case-by-case, not by immigration status
Do not advertise preferences for certain immigration statuses
Apply rental standards uniformly to all applicants
Allow alternatives to Social Security Numbers (driver's licenses, state IDs, consular IDs, passports, ITINs)
About asking immigration status questions:
Housing providers may only ask about immigration status where required by state or federal law (such as HUD-funded housing). If asking one applicant, they must ask all applicants the same questions. Be cautious not to ask based on appearance, nationality, or language.
Background and credit checks:
Must be equally applied to all applicants and cannot discriminate based on immigration status.
Retaliation is Illegal
It is unlawful to retaliate against or intimidate any person for:
- Reporting discrimination
- Participating in an investigation through IDHR
- Reporting discriminatory practices to a housing provider or other authority
If you believe you have experienced retaliation, contact IDHR immediately to file a claim.
What Housing Providers Cannot Do
Use immigration status to determine who gets background checks
Prefer applicants with certain immigration statuses
Discourage people from applying because they are immigrants
Charge different fees or deposits based on immigration status
Threaten to report tenants to immigration authorities
Evict or take adverse action against tenants who report discrimination
Important: A housing provider can be held responsible even if mistaken about a person's exact immigration status.
Consequences: Housing providers found responsible for discrimination may be required to:
Cease-and-desist from discriminating further
Pay actual damages and other damages
Pay civil penalties and attorney fees
What IDHR Cannot Do
We want to be clear about what falls outside our jurisdiction so you can find the right help.
We cannot investigate:
- Federal immigration matters: Questions about visas, citizenship applications, deportation, or immigration court should be directed to immigration attorneys or immigrant rights organizations.
Federal government employment: Federal employees must contact the appropriate federal civil rights office.
General landlord-tenant disputes: Complaints not based on discrimination (contact tenant rights organizations or legal aid).
Criminal conduct: If you experience assault, threats, or other criminal behavior, contact law enforcement immediately by calling 911.
Immigration status determination: IDHR does not determine legal immigration status or provide immigration legal advice.
- Matters outside Illinois: IDHR enforces Illinois law.
- Cases outside our legal authority
If we cannot investigate your situation, that does not mean what happened was okay. It means your case may fall under a different law or agency. We will do our best to point you in the right direction.
Immigration & Citizenship Rights - FAQs
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.
Guidance & Publications
- Immigrant and Citizneship Rights
Information and learning resources from IDHR, other State agencies, and community organization - relating to immigrant rights.
Related Topics
Employment
Protections against unfair treatment in hiring, firing, harassment, accommodations, retaliation, and other workplace decisions.
Housing
Your rights to equal opportunity housing and commercial real estate, and related services, including real estate agents, mortgages, and appraisals.