At Disparti Law, we believe that every worker deserves a fair and respectful workplace. Unfortunately, discrimination still happens far too often. That’s why it’s important to understand your rights — especially the protections provided under Illinois law, which go beyond what federal law requires.
Federal vs. Illinois Employment Discrimination Protections
Under federal law — specifically Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) — employees are protected from workplace discrimination based on certain categories, including:
- Race, color, ancestry, and national origin
- Religion
- Sex (including pregnancy, sexual orientation, and gender identity)
- Disability
- Age (40 and over)
While these protections are vital, Illinois has chosen to expand the list of protected classes, offering broader coverage to workers across the state.
Additional Protected Classes Under Illinois Law
The Illinois Human Rights Act (IHRA) includes all of the federal protections plus several additional categories. In Illinois, it is unlawful for an employer to discriminate against someone because of:
- Marital Status – Whether you are married, single, divorced, or widowed.
- Family Responsibilities – taking a family member to medical appointments, tending to their basic needs, or providing emotional support
- Language – Use of a different language not related to job duties
- Order of Protection Status – Protects individuals who have sought legal protection from abuse or harassment.
- Arrest Record – Employers cannot discriminate based solely on an arrest record that did not lead to a conviction.
- Conviction Record – Employers cannot discriminate based on a past conviction, unless the conviction is substantially related to the job’s duties
- Unfavorable Military Discharge – Protects veterans who may have received less than an honorable discharge.
- Citizenship and Work Authorization Status – Ensures fair treatment for those legally authorized to work in the U.S.
- Military Status – Protects service members from discrimination based on their current or prior service.
- Retaliation – for opposing unlawful discrimination
- Coercion/Aiding and Abetting – helping or forcing someone to commit discriminatory acts.
These state-level protections demonstrate Illinois’ strong commitment to promoting equality in the workplace.
Why This Matters for Employees
The difference between federal and Illinois law is more than just a list of categories. It means that workers in Illinois may have legal protections that employees in other states do not. For example:
- A job applicant cannot be denied employment just because of a past arrest that never resulted in a conviction.
- Someone with an active order of protection should not face retaliation or discrimination at work.
- Veterans who served honorably but received an unfavorable discharge are still protected under Illinois law.
These additional safeguards can make a significant difference in ensuring fair treatment at work.
What To Do If You Face Workplace Discrimination
If you believe you’ve been discriminated against based on any of these protected classes, you have the right to take action. Steps may include:
- Documenting what happened and when.
- Reporting the discrimination internally to HR or your supervisor.
- Filing a charge with the Illinois Department of Human Rights (IDHR).
- Consulting an employment attorney to guide you through the process and fight for your rights.
Disparti Law Is Here to Protect Illinois Workers
At Disparti Law, we know how confusing it can be to navigate the differences between federal and state workplace protections. Our team is passionate about protecting workers from discrimination, harassment, and unfair treatment.
If you’ve been mistreated at work and believe it may be due to a protected characteristic, reach out today for a confidential consultation. Let us fight to ensure your rights are fully protected under Illinois law.
