Race discrimination is prohibited under both Title VII of the Civil Rights Act of 1964 (federal, applies to employers with 15+ employees) and the Illinois Human Rights Act (applies to all Illinois employers with 1+ employees). It covers every aspect of employment — hiring, promotion, pay, job assignments, discipline, and termination — and protects against discrimination based on race, color, national origin, ethnicity, and ancestry.

Race discrimination often appears as disparate treatment (treated differently than employees of a different race in comparable situations), disparate impact (a facially neutral policy that disproportionately affects employees of a particular race), or a hostile work environment based on racial slurs, stereotypes, or other race-based conduct that is severe or pervasive enough to alter working conditions.

We evaluate whether you can establish a prima facie case under the McDonnell Douglas framework — showing you are a member of a protected class, you were qualified for the position, you suffered an adverse employment action, and similarly situated employees outside your protected class were treated more favorably. Once that burden is met, the employer must articulate a legitimate, non-discriminatory reason — and we assess whether that stated reason is pretextual (a cover story for discrimination).

Age discrimination is prohibited under the federal Age Discrimination in Employment Act (ADEA) (applies to employers with 20+ employees) and the IHRA (applies to all Illinois employers with 1+ employees, protects employees 40 and older). Common scenarios include layoffs and reductions in force that disproportionately target older workers, replacement with younger employees, age-based comments (“we need fresh energy,” “you’re overqualified”), denial of training or advancement opportunities, and forced retirement.

Age discrimination has unique legal features. Under the ADEA, the employee must prove that age was the “but-for” cause of the adverse action (a higher standard than the “motivating factor” test under Title VII). Under the IHRA, the standard is more employee-friendly — age need only be a “substantial factor” in the decision. This is why filing under the IHRA is often strategically preferable for age claims.

Age discrimination also intersects with severance agreements through the Older Workers Benefit Protection Act (OWBPA), which requires specific protections when employees 40+ are asked to sign releases — including 21 days to review (or 45 in group layoffs), a 7-day revocation period, specific mention of ADEA rights, and written advice to consult an attorney.

Sex and gender discrimination are prohibited under Title VII, the IHRA, the Equal Pay Act, and the Illinois Equal Pay Act. These laws cover discrimination based on sex, gender, gender identity, gender expression, pregnancy, childbirth, and related medical conditions. The Pregnant Workers Fairness Act (PWFA), effective June 2023, requires employers with 15+ employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions — unless it would cause undue hardship.

Common gender discrimination scenarios include pay disparities (doing the same job as a male counterpart for less money), promotion denials with a pattern of advancing men over women, pregnancy-related termination (fired shortly after announcing pregnancy or returning from maternity leave), denial of parental leave rights, and stereotyping (penalized for not conforming to gender expectations).

Under the Illinois Equal Pay Act, employers are prohibited from paying different wages to employees performing substantially similar work based on sex. Employers may not ask about salary history during the hiring process. The Act also requires equal pay for African-American employees compared to non-African-American employees for substantially similar work — making it one of the broadest equal pay statutes in the country.

Disability discrimination is prohibited under the Americans with Disabilities Act (ADA) (employers with 15+ employees) and the IHRA (all Illinois employers with 1+ employees). Both laws protect employees with physical or mental disabilities, a history of disability, or those perceived as disabled. The IHRA’s definition of disability is broader than the ADA — it covers conditions that may not qualify under federal law.

One of the most common disability discrimination claims is failure to provide reasonable accommodation. Under both the ADA and IHRA, employers must engage in an interactive process with the employee to identify a reasonable accommodation that allows them to perform the essential functions of their job — unless it would impose an undue hardship. Common accommodations include modified schedules, remote work, ergonomic equipment, reassignment to a vacant position, and additional leave beyond FMLA entitlement.

If your employer refused to discuss accommodation, denied your request without explanation, or terminated you after you disclosed a disability or requested accommodation, you may have claims for disability discrimination, failure to accommodate, and retaliation. The interactive process is a legal obligation — the employer’s failure to engage is itself evidence of discrimination.

Illinois has protected sexual orientation and gender identity as classes under the IHRA since 2006 — well before the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County extended Title VII’s sex discrimination protections to LGBTQ+ employees. Under both the IHRA and Title VII, employers cannot discriminate against employees based on sexual orientation, gender identity, or gender expression in hiring, promotion, compensation, or any other term or condition of employment.

Common scenarios include termination after coming out or transitioning, hostile work environment based on anti-LGBTQ+ comments or conduct, denial of benefits to same-sex partners, refusal to use correct pronouns or name as harassment, and differential treatment compared to heterosexual or cisgender coworkers.

Because the IHRA applies to all employers with 1+ employees, Illinois provides broader coverage than Title VII (which requires 15+ employees). If you work for a small employer that would not be covered by federal law, the IHRA still protects you.

Religious discrimination is prohibited under Title VII and the IHRA. Both laws protect employees from discrimination based on religious beliefs, practices, and observances — and require employers to provide reasonable accommodation for sincerely held religious beliefs unless doing so would cause undue hardship. Under the 2023 Supreme Court decision in Groff v. DeJoy, the undue hardship standard for religious accommodation is now higher than previously applied — requiring the employer to show “substantial increased costs” rather than merely “more than a de minimis cost.”

Common religious accommodation requests include schedule modifications for Sabbath observance or religious holidays, dress or grooming exceptions (head coverings, beards, religious attire), breaks for prayer, and dietary accommodations. Employers are not permitted to question the sincerity of your religious beliefs as a basis for denial unless they have an objective basis for doing so.

Religious discrimination also includes creating a hostile work environment based on religious stereotypes, proselytizing or religious pressure by supervisors, and penalizing employees for refusing to participate in religious activities (or for participating in them).

Retaliation claims are the most commonly filed claims with the EEOC — and for good reason. When employees report discrimination, file charges, participate in investigations, or oppose discriminatory practices, employers frequently respond with adverse action: termination, demotion, schedule changes, isolation, negative performance reviews, or reassignment to undesirable duties.

Under both federal law and the IHRA, retaliation is independently unlawful — meaning you can have a retaliation claim even if the underlying discrimination claim is not ultimately proven. The test is whether you engaged in protected activity (reporting, complaining, filing a charge, cooperating with an investigation), suffered an adverse action, and there is a causal connection between the two. Temporal proximity — adverse action shortly after protected activity — is strong evidence of causation.

We handle retaliation claims both as standalone matters and alongside underlying discrimination claims. For a deeper look at retaliation protections, including whistleblower statutes, see our Retaliation & Whistleblower Protection page.

While Illinois is an at-will employment state, employers cannot fire you for a discriminatory reason. If you were terminated and believe your protected class played a role — even a partial role — in the decision, you may have a claim under Title VII, the ADEA, the ADA, and/or the IHRA.

Signs of discriminatory termination include being replaced by someone outside your protected class, termination shortly after disclosing a disability, pregnancy, or other protected status, pretextual performance issues that appeared only after you complained about discrimination, documentation patterns where your personnel file suddenly filled with write-ups after years of positive reviews, and inconsistent treatment where similar conduct by employees outside your protected class was not disciplined.

Discriminatory termination claims often overlap with breach of contract, severance negotiation, and retaliation. We evaluate all potential theories to build the strongest case — and the presence of multiple viable claims significantly increases your leverage in negotiation and litigation.