What are my rights against workplace harassment in Illinois?
1. Federal Floor. Title VII (15+ employees) and Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), provide the federal hostile-work-environment baseline.
2. State Statute & Agency. The Illinois Human Rights Act (IHRA), 775 ILCS 5/, is enforced by the Illinois Department of Human Rights (IDHR), with adjudication by the Illinois Human Rights Commission. Effective July 1, 2020, the IHRA applies to all employers for harassment claims (775 ILCS 5/2-101(B)(1)(c)).
3. Standard for Hostile Work Environment. Illinois generally follows the federal "severe or pervasive" standard, but harassment is broadly defined under § 2-101(E) to include unwelcome conduct that has the purpose or effect of substantially interfering with work performance.
4. Protected Categories. Race, color, religion, sex, national origin, ancestry, age (40+), order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, gender identity, work authorization status, and arrest record.
5. Quid Pro Quo vs Hostile Environment. Illinois applies Faragher/Ellerth and recognizes both theories.
6. Employer Liability. Strict liability for supervisor harassment with tangible action. The IHRA also makes employers liable for non-employee harassment if they knew or should have known and failed to take corrective action (775 ILCS 5/2-102(D)).
7. Mandatory Training. The Workplace Transparency Act amendments (Public Act 101-0221) require all Illinois employers to provide annual sexual-harassment-prevention training, using IDHR's model or an equivalent program.
8. Filing Deadline. EEOC: 300 days. IDHR: 300 days from the last harassing act (775 ILCS 5/7A-102(A)).
9. NDA Restrictions. 820 ILCS 96/1-25 prohibits employment contracts that prevent disclosure of unlawful harassment or discrimination unless mutually agreed in writing with notice and consideration.
This is legal information, not legal advice.
- Your employer skipped the annual sexual-harassment training
- You are asked to sign a confidentiality or non-disparagement clause covering harassment
- Harassment is by a customer/vendor and you want to invoke the non-employee provision
- 775 ILCS 5/ (IHRA)
- 820 ILCS 96/ (Workplace Transparency Act)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.