Illinois Employment Law

The Illinois Human Rights Act is one of the most comprehensive state anti-discrimination statutes in the country. It prohibits employment discrimination on the basis of an extensive list of protected classes including race, color, religion, sex, national origin, ancestry, age (40+), marital status, disability, military status, sexual orientation, gender identity, unfavorable military discharge, order of protection status, citizenship status, arrest record, conviction record (with limitations), genetic information, pregnancy, and reproductive health decisions. For harassment claims, the IHRA covers all employers with one or more employees; for other discrimination claims, the threshold is 15 employees. Recent amendments allow employees to file directly in court without first filing a charge with the Illinois Department of Human Rights.

Regulates collection, use, and storage of biometric identifiers (fingerprints, retina scans, facial geometry) by private entities, including employers. Requires written consent before collection. Statutory damages of $1,000-$5,000 per violation.

Prohibits paying employees of one sex or African-American employees less than employees of the opposite sex / non-African-American employees for substantially similar work. Includes salary-history-ban provisions and pay-data reporting requirements (Equal Pay Registration Certificate for employers 100+).

Sets state minimum wage ($15.00/hour as of January 2025) with overtime at 1.5x for hours over 40/week. Provides treble damages, 5% monthly interest, attorney fees, and 4 employees minimum threshold.

Requires employers to provide at least 24 consecutive hours of rest in every consecutive 7-day period and a meal period of at least 20 minutes for shifts of 7.5+ hours. Updated 2023 to add notice posting and stronger penalties.

Effective January 1, 2024, requires employers to provide at least 40 hours of paid leave per 12-month period that may be used for any reason, no questions asked. Among the most expansive state paid leave laws in the U.S.

Requires employers to provide reasonable accommodation for medical or common conditions related to pregnancy, childbirth, or related conditions. Predates federal PWFA and remains broader (covers employers with 1+ employee vs federal 15+).

Grants employees (current and former, up to 1 year post-separation) the right to review and copy personnel files. Restricts use of unrecorded "secret" information. Prohibits use of credit history in most cases.

Provides up to 12 weeks unpaid leave (employers 50+), 8 weeks (15-49), or 4 weeks (under 15) for employees who are victims of domestic violence, sexual assault, gender violence, or any crime of violence, or whose family member is a victim. Prohibits discrimination based on victim status.

Prohibits retaliation against employees who disclose information they reasonably believe shows a violation of state/federal law to a government agency, refuse to participate in unlawful activity, or testify in proceedings. Significantly amended in 2024 to broaden scope.

Requires payment of all final compensation including bonuses, commissions, vacation, and other earned benefits at time of separation or by next regular payday. Strong remedies including 5% per month penalty.

The Chicago Human Rights Ordinance prohibits employment discrimination and covers employers with as few as 1 employee, providing broader coverage than both federal and Illinois state law. It includes an expansive list of protected classes such as source of income, credit history, and criminal history. The ordinance is enforced by the Chicago Commission on Human Relations.

The Chicago Fair Workweek Ordinance requires predictive scheduling for workers in specific industries including building services, healthcare, hotels, manufacturing, restaurants, retail, and warehouse services. Employers with 100 or more employees globally (250 for nonprofits) must provide advance notice of work schedules and compensate workers for last-minute schedule changes.

The Cook County Human Rights Ordinance prohibits employment discrimination in unincorporated Cook County and in municipalities that have opted in to the ordinance. It covers employers with 1 or more employees and includes protections for criminal history, source of income, and order of protection status. The ordinance is enforced by the Cook County Commission on Human Rights.