More information about filing a claim with IDHR can be found at the IDHR Website To file a claim with the IDHR, contact the nearest office below. If your workplace has 15 or more employees, you may file all other discrimination claims with either agency. If your workplace has between 15 and 20 employees, you should file your age discrimination claim with the IDHR since the EEOC enforces federal law, which only covers employers with 20 or more employees in age discrimination cases. Only one employee is needed for IDHR to investigate charges that allege sexual harassment, pregnancy, retaliation, physical or mental disability discrimination.
The Illinois anti-discrimination statute covers some smaller employers not covered by federal law for sexual harassment, retaliation, and age claims only. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to "cross-file" the claim with the other agency. The two agencies have what is called a "work-sharing agreement," which means that the agencies cooperate with each other to process claims. In Illinois, a discrimination claim can be filed either with the state administrative agency, the Illinois Department of Human Rights (IDHR) or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). State law also makes it illegal to "aid and abet" discrimination, which permits legal action to be taken against any person (not limited to an employee of your employer) who helped cause the discrimination to happen. Instead, the state law defines disability or handicap as a "determinable mental or physical characteristic of a person." See disability discrimination. Illinois law also provides broader protection for disabled employees than the similar federal statute, the Americans with Disabilities Act, because it does not require that the employee have a substantial limitation of a major life activity. The Illinois Human Rights Act makes it illegal for an employer to discriminate on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions), national origin, ancestry, citizenship status, age (40 and over), marital status, unfavorable military discharge, military status, genetic information, arrest record, victims of domestic violence, physical, mental or perceived handicap/disability, or sexual orientation (including gender-related identity).
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