The Six-Window Fairness Review
One way to check Human Rights Act readiness is to look through six windows in turn. The Six-Window Fairness Review below follows the Illinois Human Rights Act from the first job ad to the yearly report; the rules and numbers page gives the details. Pay disputes fall under the Wage Payment and Collection Act instead.
- Hiring window. Review job ads, applications and screening tools for arrest questions, and for any use of a conviction record without the written notice and 5-business-day response step.
- Notice window. Confirm the IDHR notice is posted where employee notices go and that any handbook explains employee rights.
- Training window. Confirm all employees completed sexual-harassment prevention training this year, and keep proof.
- Request window. Have a plain way to receive and answer accommodation requests for religion, pregnancy and disability.
- Complaint window. Know who receives a harassment complaint, including one involving a contractor, and how retaliation is prevented.
- Report window. Note any final adverse ruling from last year and the July 1 report to IDHR.
Common mistakes
- No yearly harassment-prevention training, or no proof of it.
- Missing the IDHR poster, or leaving rights information out of the handbook.
- Assuming small employers are exempt, when one employee is enough for sexual harassment, pregnancy and some disability claims.
- Asking about arrests, or rejecting for a conviction without the written notice and response step.
- English-only rules that reach private conversation.
- Forcing a pregnant worker onto leave when another accommodation would work.
- Missing the July 1 report of an adverse judgment.
- Using AI tools without telling employees, or relying on zip-code filters.
When to talk to an attorney
A CPA cannot answer these legal questions. Employers commonly consult an attorney when:
- An IDHR or EEOC charge, a demand letter or a lawsuit arrives.
- An accommodation request raises undue-hardship questions.
- A harassment complaint needs an internal investigation or involves an owner or senior manager.
- Screening or scoring software is planned for hiring or discipline.
- A separation or settlement agreement contains confidentiality terms or releases.
Frequently asked questions
How long does someone have to file a discrimination charge in Illinois?
Two years after the violation for most employment claims, since January 1, 2025. The old figure of 300 days now applies only to filing with the EEOC, which counts as filing with IDHR.
Does a small business have to follow the Illinois Human Rights Act?
Yes, in many cases. One employee is enough for sexual harassment, pregnancy and some disability claims. For other claims, the employer needs at least one employee for 20 or more weeks in the year of, or before, the violation.
Must Illinois employers provide sexual harassment training every year?
The statute says every employer with employees working in Illinois must give all employees training at least once a year, using IDHR's free model program or an equal one. IDHR's own page says "more than one employee," so a one-employee business should confirm with IDHR. Only restaurants and bars must have a written policy under the statute, though IDHR's guidance page also lists a written policy for employers generally.
Can an Illinois employer use AI in hiring?
Since January 1, 2026, AI used in hiring, discipline and similar decisions must not have a discriminatory effect, and employees must be told it is in use. IDHR proposed rules on the form of that notice in May 2026 and withdrew them in June, so check IDHR for any new proposal. Whether a given payroll or applicant-tracking tool counts as AI is a legal question.
A CPA can help with the payroll, tax and accounting side of these rules, including back pay and settlement reporting for Illinois employers, and works alongside the owner's attorney.
Official sources
- Illinois Department of Human Rights: Employment rights
- Illinois Department of Human Rights: Sexual harassment prevention training
- Illinois Department of Human Rights: Report adverse judgments
- Illinois General Assembly: 775 ILCS 5, Illinois Human Rights Act
This page is a plain-language summary. The official source controls if there is any difference.