Plain-English guide to the Illinois Human Rights Act for employers: who it covers, protected grounds, yearly training, slides and a coverage table.
Last reviewed October 29, 2026 · General information, not legal advice
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The Illinois Human Rights Act (IHRA) is the state's main law against discrimination and harassment at work. It is found at 775 ILCS 5, and the Illinois Department of Human Rights (IDHR) investigates charges under it. This page is for owners of small businesses, nonprofits and practices that employ people in Illinois.
Slide show: The Human Rights Act in seven slides
What the law does
The IHRA bars discrimination, harassment and retaliation in hiring, pay, discipline and firing.
Who it covers
One employee is enough for sexual harassment, pregnancy and some disability claims. Other claims need 1 or more employees for 20 or more weeks in the year or the year before.
The rule
Employers may not decide on race, religion, sex, age 40 and over, disability, pregnancy, family responsibilities and other protected grounds.
The number
A worker has 2 years to file an IDHR charge. An EEOC charge filed within 300 days counts as filed with IDHR.
The deadline
Sexual-harassment prevention training is due at least once a year. An adverse-judgment report, when one applies, is due to IDHR by July 1.
The penalty
After a 30-day warning, training or reporting failures can cost up to $1,000, $3,000 or $5,000 at employers with 4 or more employees.
A date to plan for
From June 1, 2027, a neutral rule with a discriminatory effect is unlawful unless it is job related, consistent with business necessity and has no less discriminatory alternative.
Who is covered by the Illinois Human Rights Act?
Question
Answer
Private employers
1 or more employees in Illinois during 20 or more calendar weeks in the year of, or before, the violation
One employee is enough
Sexual harassment, pregnancy and some disability claims need 1 or more employees in Illinois, with no 20-week test; state and local government and public contractors are also covered
Religious bodies
May prefer people of their own religion for work tied to their activities
Who is protected
Anyone paid for services in Illinois, apprentices and applicants; unpaid interns for sexual-harassment claims; contractors and consultants against on-the-job harassment
Protected grounds
Race, color, religion, national origin, ancestry, age (40 and over), sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, reproductive health decisions, unfavorable military discharge, citizenship status, work authorization status, family responsibilities; also limits on arrest and conviction records
Annual training
The statute reaches every employer with employees working in Illinois; IDHR's page says "more than one employee," so a one-employee business should confirm with IDHR
Not handled by IDHR
Federal employees (EEOC); wage and overtime disputes (Illinois Department of Labor)
How it touches your taxes and payroll
The IRS says dismissal pay and severance pay are generally wages for federal employment tax purposes, and amounts that replace lost wages are generally taxable income. Damages for non-physical emotional distress are generally income but not subject to employment tax. The Act's protection against harassment reaches 1099 workers, so contractor classification does not remove duties toward them. See also W-2 filing and Illinois state pages.
