What Is a Protected Class?

Illinois’ Human Rights Act (775 Illinois Compiled Statutes § 5/2-102) forbids workplace discrimination. The law applies to unions, employers, and employment agencies and prohibits unfair practices against workers who belong to protected classes. Individuals are considered to be in protected classes based on the following factors:

  • Race
  • Color
  • Religion
  • Sex
  • Sexual harassment
  • National origin
  • Ancestry
  • Age, for those 40 and over
  • Order of protection status
  • Disability, both physical and mental
  • Sexual orientation, including gender-related identity
  • Unfavorable military discharge
  • Arrest record or criminal history record ordered
    expunged, sealed, or impounded
  • Conviction record
  • Citizenship status, whether a born or naturalized U.S. citizen,
    U.S. national, or documented immigrant
  • Work authorization status
  • Language, particularly any language use not related to job duties
  • Family responsibilities, as effective Jan. 1, 2025
  • Retaliation for opposing unlawful discrimination
  • Coercion/aiding and abetting, or helping or forcing a person to commit unlawful discrimination

Illinois law also protects individuals based on marital status, military service, and pregnancy.

Federal law bans discrimination against numerous protected classes, but recent changes in policy may leave you feeling unprotected. If you believe you are the victim of employment discrimination under state or federal law, the attorneys in our Chicago office could help you choose and implement a solution.

Forms of Discriminatory Conduct

Employment discrimination can be overt or subtle. Any unfair treatment of a job applicant or employee because of a protected characteristic is illegal.

Signs of discrimination include being passed over for promotion, receiving lower pay than colleagues in similar roles, or not being considered for desirable assignments. Other examples include being singled out for unjust criticism, receiving performance feedback publicly rather than privately, or facing adverse decisions about your workspace, workload, or workplace accommodations. For example, your employer must consider reasonable adjustments such as modifying a dress code to permit a headscarf.

If you feel that your Chicago colleagues or supervisors are depriving you of opportunities, undervaluing your contributions, or basing the way they treat you on reasons rooted in discrimination, our employment attorneys could assist you. We could review your situation and help you take steps to ensure fair treatment at work.

How To Respond to Suspected Discrimination

It can be challenging to prove that discrimination has occurred. If you feel that you are the subject of employment discrimination, thoroughly document every statement, action, or development that feels unfair. Include all the relevant information, such as the dates and times of the incidents, the names of the people who treated you unfairly, and your responses to their behavior.

Your first step in fighting discrimination should include filing a complaint with your supervisor or your employer’s human resources department. If possible, follow the procedures outlined in your employee handbook for filing discrimination complaints. If you cannot find instructions, draft your report in writing, including as much detail as possible, and keep hard copies of both your complaint and any response you receive.

The employment discrimination attorneys at our Chicago office could represent you early in the claims process. While your employer attempts to resolve your complaint internally, your lawyer could provide essential advice and support. If you are unhappy with your employer’s response, our legal professionals could help you present a complaint to the Illinois Department of Human Rights (IDHR). The IDHR must investigate your discrimination allegations before you can file a lawsuit seeking financial damages.

Contact Our Chicago Attorneys About Discrimination at Your Place of Employment

You don’t have to tolerate discrimination in the workplace. If you believe colleagues or supervisors have treated you unfairly or denied you opportunities because of a protected characteristic, contact Wanta Thome’s Chicago employment discrimination lawyers as soon as possible. We can explain your options and help you seek the fair treatment and career success you deserve.