For Employees

Employment Discrimination Legal Services for Illinois Employees

If you have been treated differently at work because of who you are — your race, age, gender, disability, religion, or any other protected characteristic — Illinois law gives you the right to fight back. We help employees build and pursue discrimination claims.

Know Your Rights

Illinois Discrimination Law — What Employees Need to Know

IHRA — Every Employer With 1+ EmployeesThe Illinois Human Rights Act applies to all Illinois employers — no minimum size requirement, unlike federal law’s 15-employee threshold
Broader Protected ClassesIHRA protects sexual orientation, gender identity, order of protection status, military status, and unfavorable discharge — classes not all covered federally
Actual & Perceived CharacteristicsIHRA covers discrimination based on perceived membership in a protected class — employer doesn’t need to be correct
300-Day EEOC DeadlineYou must file an EEOC charge within 300 days of the discriminatory act. Miss it and you lose federal court access
IDHR — File Within 2 YearsUnder the IHRA, you can file with the Illinois Department of Human Rights within 2 years — or file directly in state court
Compensatory & Punitive DamagesTitle VII caps damages by employer size; the IHRA has no cap on compensatory damages
Attorney’s Fees for Prevailing EmployeesBoth Title VII and the IHRA allow prevailing employees to recover attorney’s fees
Contractors & Nonemployees ProtectedThe IHRA protects contractors, consultants, and nonemployees from discrimination and harassment in the employer’s work environment

How to File a Discrimination Claim in Illinois

Employment discrimination claims have specific filing requirements and deadlines. Missing a deadline can permanently bar your claim — regardless of how strong it is. Here are the pathways available to Illinois employees:

Federal path (EEOC): File a Charge of Discrimination with the Equal Employment Opportunity Commission within 300 days of the discriminatory act. The EEOC investigates, may attempt mediation, and ultimately issues a Right to Sue letter — which gives you 90 days to file a federal lawsuit.

State path (IDHR): File a charge with the Illinois Department of Human Rights within 2 years of the discriminatory act. The IDHR investigates and either finds substantial evidence or dismisses. If substantial evidence is found, the case proceeds to the Illinois Human Rights Commission for adjudication. Alternatively, you can file directly in Illinois state court without going through the IDHR — a faster path to resolution in many cases.

How the IHRC Process Works Once the IDHR investigation is complete, your case moves to the Illinois Human Rights Commission for a formal administrative hearing. Learn about timelines, what to expect at an IHRC hearing, and the remedies available to you: Illinois Human Rights Commission Attorney →

Dual filing: The EEOC and IDHR have a work-sharing agreement — a charge filed with one agency is automatically cross-filed with the other. We typically file with the EEOC and indicate cross-filing with the IDHR, preserving both federal and state options.

Why Employees Choose Cramer Law Group for Discrimination Claims

We train employers on anti-discrimination compliance. We advise businesses on HR compliance, develop anti-discrimination policies, and train managers on documentation practices. That means when we represent employees, we know exactly what the employer was supposed to do — and where they deviated.

We understand the McDonnell Douglas framework. We evaluate your case through that framework from day one. See our blog post: The McDonnell Douglas Test Explained →

We handle the full process. From internal complaint guidance to EEOC/IDHR charge filing to negotiation to litigation. Client Stories →

How It Works

Four Steps to Pursuing Your Discrimination Claim

1

Case Evaluation

Tell us what happened. We assess the facts against the McDonnell Douglas framework and evaluate the strength of your claim under federal and Illinois law.

2

Evidence & Documentation

We help you preserve and organize the evidence — emails, performance reviews, witness accounts, comparator data, HR complaints, and the employer’s stated reasons for adverse actions.

3

Charge Filing & Negotiation

File with the EEOC, IDHR, or directly in court. Many claims resolve through pre-litigation demand, EEOC mediation, or negotiated settlement.

4

Litigation if Necessary

If your employer refuses a fair resolution, we litigate in federal or state court. Prevailing employees can recover lost wages, compensatory damages, punitive damages, and attorney’s fees.

Discrimination Has Deadlines. Do Not Wait to Protect Your Rights.

Federal claims must be filed within 300 days. Contact us now for a confidential evaluation.

Frequently Asked Questions About Employment Discrimination

How do I know if what happened to me is discrimination?
Discrimination occurs when an employer takes an adverse employment action — termination, demotion, pay cut, denial of promotion, reassignment — and the decision was motivated at least in part by your membership in a protected class. You do not need a smoking gun. Most discrimination is proven through circumstantial evidence — patterns, comparators, timing, and pretextual reasons.
How long do I have to file a discrimination claim?
Under federal law, you must file an EEOC charge within 300 days of the discriminatory act. Under the IHRA, you can file with the Illinois Department of Human Rights within 2 years, or file directly in Illinois state court. These deadlines are strict — missing them can permanently bar your claim.
Do I need to file an internal complaint with HR before suing?
You are not legally required to file an internal complaint before filing with the EEOC or IDHR. However, filing internally can be strategically important — it creates a documented record and can strengthen a retaliation claim.
My employer says I was fired for performance. Can I still have a discrimination claim?
Yes — performance-based reasons are the most common pretextual explanations for discriminatory terminations. Once you establish a prima facie case, the employer must articulate a legitimate reason. Then the burden shifts back to you to show that stated reason is pretextual.
What damages can I recover in a discrimination case?
Available damages include back pay, front pay, compensatory damages, punitive damages, and attorney’s fees. Under Title VII, damages are capped by employer size ($50,000–$300,000). Under the IHRA, there is no cap on compensatory damages.
Can my employer retaliate against me for filing a discrimination complaint?
No — retaliation is an independent legal violation. You can have a retaliation claim even if the underlying discrimination claim is not ultimately proven. See our Retaliation & Whistleblower Protection page.
My employer has fewer than 15 employees. Am I still protected?
Yes. While Title VII requires 15 employees, the Illinois Human Rights Act applies to all employers with 1 or more employees.
You also advise employers on compliance. Is that a conflict?
We never represent employees and employers in the same matter. But our employer-side compliance practice makes our employee work more effective — we know exactly what employers are supposed to do and where they deviate.