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Illinois Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Right to sue letter for racial discrimination; employer not paying wages in IL.

I obtained a right to sue letter after experiencing racial discrimination, retaliation, and harassment at my workplace. Despite contacting both my site HR and corporate HR departments, they have refused to investigate and directed me to speak with their lawyer. Currently, I am still employed but... View More

Jeffrey R. Kulwin
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answered on Aug 21, 2025

It's important to consult with an attorney who focuses in employment law for advice tailored to your specific circumstances. Here's a general outline of steps you could take:

1. Document Everything

Keep detailed notes of all incidents of discrimination, harassment, and... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: After 7 years I was transferred to a shift I can't work because daycares are not open. If I quit, can I get unemployment

I and my labor union have put in transfer request but they have not been honored. I have been out of work for 5 months now because they won't accommodate me. (I am in Chicago)

Cynthia Pietrucha
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answered on May 14, 2024

Great question. The 1985 case I copied/pasted below should help you understand your rights to unemployment benefits when you have to quit because your employer changes your shift:

ISSUE/DIGEST CODE Voluntary Leaving/ VL 50.05

DOCKET/DATE ABR-83-12308/8-9-85

AUTHORITY... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: I made a complaint with employer about race discrimination and they say I’m just making an excuse! Should I go to eeoc?

I’ve went to my employer about being racially discriminated and harassed. After that they pull the only other person of my race in the office. They ask him if he feels discriminated against he tells them no. At the end of the conversation my branch manager tells the other guy that he feels like... View More

Michael I. Leonard
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answered on May 2, 2024

You can always file a Charge of Discrimination with either or both the Illinois Department of Human Rights or the Federal Equal Employment Opportunity Commission. However, keep in mind that, in general, you need to be able to show that you have suffered an "adverse employment" action.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is there a time limits to sue a company you use to work for?

The assistant manager named Cerica who worked the same position as me, one day got mad because I removed a sticky note she wrote so she tracked me down in the hotel, got in my face threatening to beat me up and throw me over the balcony on the 2nd floor, she proceeded to call me racial slurs,... View More

Cynthia Pietrucha
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answered on Apr 3, 2024

I'm sorry to hear about your situation. DO NOT DELAY. Your legal rights have strict deadlines. If you wish to sue the company for something like racial discrimination in Illinois, your deadlines can be as short as within 300 days of the alleged discrimination if your allegations require a... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Have my employment rights been violated?

I was unofficially fired, now being forced to beg supervisor to keep my job. Fired for leaving during my shift. I left because I was suffering from injuries obtained that same morning from a DV attack at home. I was only recently informed of VESSA. I do not believe my employer has any posting for... View More

Cynthia Pietrucha
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answered on Feb 22, 2024

Based on the details provided, it appears that your employment rights may have been violated under the Illinois Victims' Economic Security and Safety Act (VESSA). VESSA provides certain rights to employees who are victims of domestic or sexual violence, or who have family or household members... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I live in Illinois and work for a dealership, which I will not name. Every day at work the manager directly above me har

Harasses me constantly. He calls me anti gay slurs, I am hetero he insults my intelligence, every time I same anything he interrupts me and makes noises and stutters and such. I loved my job at one time .... Is there anything I can do??

T. Augustus Claus
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answered on Jan 11, 2024

If you're facing harassment and discrimination at your workplace in Illinois, there are steps you can take to address the issue. You may want to document instances of harassment, including dates, times, and details of what occurred. Check if your employer has a specific policy on reporting... View More

1 Answer | Asked in Constitutional Law, Employment Discrimination, Employment Law and Sexual Harassment for Illinois on
Q: My wife got an explicate emails which turned out to be a guy at her place of employment. HR lady is married to owner....

My wife got a strange email few months ago from a guy. It was very strange so I responded by saying hi, who are you? He said he was someone who was very interested in my wife and went on to say a bunch of sexually explicit things in the conversation. He stated he was a "neighbor" and... View More

James L. Arrasmith
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answered on Nov 28, 2023

This situation, where your wife received explicit emails from a colleague, is concerning and should be addressed seriously. First, ensure that you have preserved all the emails, including those from the Gmail and company accounts. This evidence is crucial for any future actions.

Given the... View More

2 Answers | Asked in Constitutional Law, Employment Law and Employment Discrimination for Illinois on
Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste

I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others

James L. Arrasmith
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answered on Nov 15, 2023

Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees based on real or perceived disabilities. This includes making unfounded requests for proof of a disability or lack thereof, especially if no accommodation has been requested. If you were... View More

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2 Answers | Asked in Constitutional Law, Employment Law and Employment Discrimination for Illinois on
Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste

I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others

Eva Zelson
Eva Zelson
answered on Nov 23, 2023

If no accommodation was requested and there is no safety issue implicated, your employer has no basis for requesting proof that a disability does or does not exist, which in itself is disability discrimination. Contact a disability discrimination lawyer to discuss the evidence in your case and to... View More

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1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Personal Injury for Illinois on
Q: Can I sue my employer for discrimination, retaliation, and psychological harm in Illinois?

I am seeking advice on whether I can pursue legal action against my employer for discrimination, retaliation, and psychological harm. I've repeatedly reported being treated rudely by my coworkers. A month ago, one coworker physically assaulted me with a box, and there are videos and witnesses... View More

James L. Arrasmith
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answered on Oct 23, 2025

You have strong potential claims for race/national‑origin discrimination, hostile work environment, and retaliation under Title VII and the Illinois Human Rights Act. The physical assault and the reassignment after you complained are classic facts showing a materially adverse action tied to... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Can I accept a promotion after filing discrimination charges and still proceed with them?

I filed discrimination charges against my employer with the IDHR because I was passed over for a supervisor position four times, despite being more qualified according to the company's guidelines. Now, they have suddenly offered me the supervisor position. Previously, they used the excuse that... View More

James L. Arrasmith
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answered on Jul 4, 2025

You can accept the supervisor role and still press forward with your IDHR complaint, so long as you do not sign any agreement releasing your discrimination claims.

When you accept the promotion, send a written acceptance that expressly reserves “all rights and claims” under your pending... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Appeals / Appellate Law for Illinois on
Q: Can I still pursue a wrongful termination claim after dismissal?

I was wrongfully terminated, and my case was dismissed without prejudice on 9/26/24. The judge advised that the claim should go to a higher court for attorney fees and losses. There were no deadlines given, but I believe the statute of limitations is 2 years. I want to pursue claims for... View More

James L. Arrasmith
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answered on Jun 11, 2025

I'm really sorry you're going through this. Being wrongfully terminated is already painful enough, and having your case dismissed can make it feel like you’ve hit a wall. But a dismissal without prejudice means the door is still open—you haven't lost your right to pursue justice.... View More

1 Answer | Asked in Employment Discrimination, Contracts, Tax Law and Employment Law for Illinois on
Q: Settlement allocation in employment discrimination case: wage vs non-economic damages?

I'm in the process of settling an employment discrimination lawsuit. There is an oral agreement regarding the settlement amount, but no terms or conditions have been signed. The company's attorney proposed allocating 50% of the settlement to wage damages and 50% to non-economic damages,... View More

James L. Arrasmith
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answered on Jun 10, 2025

It’s good that you’re asking these questions now—before anything is signed—because how the settlement is allocated can make a real difference in what you take home. When part of a settlement is labeled as “wage damages,” it’s treated like regular income, meaning it’s reported on a... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Boss told me to wear a bra, not in dress code, feeling uncomfortable.

I am a 32-year-old female working at a gas station. Today, my boss singled me out in front of everyone, telling me I had to wear a bra. Our dress code only requires us to wear the company shirt and black jeans or khakis; it does not mention undergarments. I feel singled out because I am a female... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry this happened to you. Being singled out and told to wear a bra, especially in front of coworkers, can feel embarrassing and invasive—especially when your company's dress code doesn't mention undergarments.

Employers are allowed to have dress codes, but... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is being forced to use my personal phone at work and threatened with firing considered age discrimination?

I am a 59-year-old employee, the oldest in my office, while my colleagues are in their 20s. My boss, who is 40, threatened to fire me over being on my phone, although my company requires me to use my personal phone for work-related group chat communications. I receive about 300 messages daily,... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s important to assess whether the treatment you're experiencing is related to age discrimination. Age discrimination occurs when an employee is treated unfairly because of their age, and your situation may raise concerns about whether you are being treated differently due to being older... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Laid off after disclosing pregnancy, need advice on severance and discrimination.

I was laid off two days after disclosing my pregnancy via email at my small company, which lacks official HR channels. I haven't signed the severance agreement yet, which states that the layoff is due to business considerations and not related to personal circumstances. Before emailing about... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s important to consider whether your layoff might be connected to your pregnancy, especially given that it occurred right after you disclosed your pregnancy. Under federal law, specifically the Pregnancy Discrimination Act, it is illegal for employers to discriminate against employees due to... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Illinois on
Q: Trouble with HR for pride parade mention and "ladies" term.

I got in trouble with HR at my workplace for mentioning my attendance at a pride parade and for asking my team not to use the gendered term "ladies." I am openly gay and a closeted trans individual. HR called me unprofessional and made a discriminatory comparison between being gay and... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation potentially constitutes workplace discrimination based on sexual orientation and gender identity, which is explicitly protected under California's Fair Employment and Housing Act (FEHA). The comparison between sexual orientation and political affiliation demonstrates a... View More

1 Answer | Asked in Employment Law, Workers' Compensation, Civil Rights and Employment Discrimination for Illinois on
Q: What are my legal rights regarding unpaid vacation, sick leave, overtime pay, and unsafe working conditions in my situat

Over the past two years at this job, I didn’t take any paid vacation, wasn’t given paid sick leave when I was ill or injured, and was only paid my regular hourly rate for overtime. Additionally, I had to make deliveries with the truck when others were unavailable, and I couldn’t use my... View More

James L. Arrasmith
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answered on Aug 31, 2024

You have legal rights regarding unpaid vacation, sick leave, overtime pay, and unsafe working conditions. Federal and state labor laws protect your right to receive overtime pay for any hours worked over 40 in a week. If you were not paid properly for those extra hours, you may be entitled to back... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Illinois on
Q: wrongful termination based on race and religion

I was hired than a company for a period of time and the end of the 90 days period I got fired based on this wrongfully termination I got severed damaged financially mentally and emotionally through a lot of abused and harassment at the workplace my case right now at the federal court.

T. Augustus Claus
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answered on Nov 2, 2023

The law protects employees from being fired for their race, religion, age, gender, disability, or other protected characteristics.

To win a wrongful termination lawsuit, you must prove that your employer fired you for an illegal reason. You can do this by providing evidence of... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is it hard to win a wrongful termination case?

Quick run down, I have been working for the company for over 20 years I am 65 years old . I received a letter that I was terminated with no explantion as of why I was terminated. I have an idea its based off my age and my seniority with the company. I feel like they terminating me because of my age... View More

Cynthia Pietrucha
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answered on Jun 2, 2023

I'm sorry to hear you lost your job after such long tenure. The honest answer is Yes it's hard to win a wrongful termination case, and if you sue, it could take years for a resolution. The burden of proof is on you to show direct and indirect evidence that your age was the factor that... View More

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