What Is Considered Employment Discrimination in Illinois?
Workplace discrimination occurs when an employer treats an employee or job applicant unfairly based on specific personal characteristics rather than their performance or qualifications. In our state, these protections are primarily governed by the Illinois Human Rights Act (775 ILCS 5/), which prohibits unlawful bias in every stage of employment from hiring and promotion to discipline and discharge. Under 2026 legal standards, the Act covers nearly all employers in Illinois, regardless of size, and includes modern protections against discriminatory practices involving artificial intelligence and automated decision-making tools.
Federal protection also exists under Title VII of the Civil Rights Act, which forbids employers from punishing workers for reporting discrimination or participating in legal investigations.
- Race and color - Discrimination based on skin color or traits historically associated with race, including hair texture and protective hairstyles such as braids, locks, and twists.
- Age - Protecting workers who are 40 years of age or older from being targeted for termination, denied promotions, or pressured into retirement.
- Sex and gender - This includes sexual harassment, unequal pay, and bias based on a person's status as male or female.
- Sexual orientation and gender identity - Protection for actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, even if it differs from the person’s designated sex at birth.
- Disability - Bias against individuals with physical or mental impairments that are unrelated to their ability to perform the core duties of their job, with or without reasonable accommodation.
- Pregnancy - Unlawful treatment related to pregnancy, childbirth, or related medical conditions, including the failure to provide reasonable accommodations for nursing mothers.
- Reproductive health decisions - A recent expansion that prevents employers from discriminating based on an employee's use of contraception, fertility care, or other reproductive healthcare.
- National origin and ancestry - Discrimination based on where a person was born, their cultural heritage, or the use of a native language that does not interfere with job duties.
- Retaliation - It is illegal for an employer to punish a worker for opposing unlawful discrimination, filing a formal charge, or participating in a civil rights investigation.
Effective January 1, 2026, the Illinois Human Rights Act prohibits employers from using AI tools, including resume scanners and automated interview software, to discriminate against protected classes. Companies are now legally required to provide formal notice if AI is used to influence hiring, promotions, or disciplinary actions. This ensures transparency and prevents automated systems from using biased "proxy" data, such as zip codes, to unfairly exclude qualified workers.
How to Start Your Discrimination Claim with Favaro & Gorman
Taking the first step toward legal action can feel overwhelming, but you do not have to navigate the complexities of Illinois employment law alone. Our firm uses a methodical approach to ensure your voice is heard and your rights are protected. From the moment you contact us, we focus on providing a clear roadmap to help you recover from workplace injustice and restore your professional reputation.
- Confidential evaluation - We review the details of your mistreatment to determine the strength of your claim under current Illinois law.
- Strategic filing - We help you decide whether to file with the IDHR, the EEOC, or proceed directly to state or federal court.
- Investigation & discovery - We use the power of the legal system to compel your employer to turn over internal emails, personnel records, and AI hiring data.
- Resolution - Whether through a high-value settlement or a jury verdict, we fight until your rights are vindicated.
From preserving your professional standing in your current role to seeking accountability following an unlawful termination, the legal team at Favaro & Gorman, Ltd. provides the relentless advocacy you need. Our Illinois discrimination attorneys are committed to standing by your side, ensuring you receive the fair treatment and full justice the law demands.
Compensation and Damages in Illinois Discrimination Cases
If you have been the victim of unlawful workplace bias, you may be entitled to financial and professional relief. Under the Illinois Human Rights Act and Title VII, the legal system aims to "make the victim whole" by restoring the financial security and emotional well-being lost to discrimination. Whether you are recovering lost wages after a wrongful termination or seeking compensation for the toll of a hostile work environment, our goal is to protect your future and ensure responsible parties face the full legal consequences of their actions.
- Back pay and front pay - Recovery of lost wages from the time of the discrimination until the resolution of your case, or future earnings if you cannot return to the position.
- Compensatory damages - Compensation for emotional distress, mental anguish, and loss of enjoyment of life caused by the hostile work environment.
- Equitable relief - This may include job reinstatement, a promotion you were denied, or the removal of negative marks from your personnel file.
- Attorney’s fees and costs - Illinois law often allows for the prevailing party to have their legal fees covered by the employer.
- Punitive damages — Federal law under Title VII allows for extra financial awards to punish employers who act with malice or reckless indifference toward your rights.
Why Choose Favaro & Gorman as Your Illinois Work Discrimination Attorney?
A legacy of courtroom success
Since opening our doors in the 1980s, our firm has built a 40-year history of excellence, leveraging more than a century of combined legal knowledge to resolve even the most sensitive workplace disputes.
Exclusively dedicated to workers
We choose to represent people, not corporations. This singular focus ensures that our resources are never divided, giving individual employees the high-level legal backing typically reserved for large companies.
Respected by the legal community
Our team’s reputation is backed by consistent recognition as Super Lawyers honors that reflect the high regard our peers have for our professional skill and ethics.
Nationally recognized leadership
With partner Dennis R. Favaro serving as a Fellow of the College of Labor and Employment Lawyers and a Fellow of the Litigation Counsel of America, we provide our clients with elite insights into the latest shifts in Illinois employment laws.
Holistic support for your recovery
Beyond the courtroom, we focus on the person behind the case. Your workplace discrimination lawyer in Illinois will develop a strategy that prioritizes both your legal victory and your long-term professional well-being.
Proven track record of justice
With a successful track record of litigating over 1,000 cases, we have the experience and tenacity to secure the maximum compensation our discrimination attorneys strive to achieve for their clients.
How Our Discrimination Lawyers in Illinois Can Help You
At Favaro & Gorman, Ltd., we provide aggressive, personalized advocacy for workers facing illegal workplace discrimination. With over 100 years of combined experience, our team knows how to hold employers accountable and restore your professional stability.
Our attorneys implement a clear, methodical action plan built around your specific situation, whether you need to protect your current position or recover from a wrongful termination.
Case Review
Evidence Gathering
Strategic Action Planning
Negotiation & Litigation
Protect Your Rights By Working With an Illinois Discrimination Lawyer Today
Don’t let workplace discrimination silence you or derail your professional future. At Favaro & Gorman, Ltd., we provide the sophisticated legal strategy and personal commitment necessary to hold your employer accountable. Contact an Illinois discrimination lawyer today to schedule your confidential consultation and take the first step toward securing the justice you deserve.
Frequently Asked Questions
We have compiled these frequently asked questions to help you understand your rights under the Illinois Human Rights Act and federal labor laws. For a detailed analysis of your specific situation, please contact an Illinois discrimination lawyer at our firm for a confidential consultation.
