Illinois Discrimination laws & HR compliance analysis

Illinois Discrimination: What you need to know

The Illinois Human Rights Act (IHRA) prohibits employment practices that discriminate based on an individual’s actual or perceived race, color, religion, sex, sexual harassment, national origin, ancestry, age (40 years and older), order of protection status, marital status, disability, military status, sexual orientation (including gender-related identity), unfavorable discharge from military service, arrest record, citizenship status, work authorization status, or pregnancy (including childbirth or related medical conditions).
The term “work authorization status” was added to the IHRA effective August 2, 2021, and is defined as the status of being a person born outside of the United States, and not a U.S. citizen, who is authorized by the federal government to work in the United States.
Effective July 1, 2020, the IHRA covers all public employers, all public contractors, and private employers with one or more employees within Illinois for 20 or more weeks during the calendar year of the alleged violation or during the preceding calendar year (775 ILCS 5/1-101et seq.).
The term “employee” is defined to include “any individual performing services for remuneration” within the state for an employer. It also includes unpaid interns.
Order of protection status. The IHRA prohibits employers from discriminating against applicants or employees based on order of protection status. “Order of protection status” is defined as the status of a person being protected under an order of protection issued under the Illinois Domestic Violence Act, Article 112A of the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, and the Civil No Contact Order Act or a similar order issued by a court of another ...

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