When we meet with clients who believe they’ve faced discrimination at work, we explain that both federal and Illinois law protect employees from unfair treatment based on protected characteristics. Filing a claim can seem overwhelming, but understanding the steps and deadlines is essential to preserving your rights. First, you must identify the legal basis for your claim—whether it involves race, gender, age, disability, religion, or another protected class. Then, you must exhaust administrative remedies before proceeding to court. Throughout the process, documentation and timely action are critical. We guide our clients through each stage, ensuring their claim meets all statutory requirements under Title VII, the ADA, the ADEA, and the Illinois Human Rights Act (IHRA).
Under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-2), it is unlawful for employers to discriminate in hiring, firing, compensation, or other terms of employment based on race, color, religion, sex, or national origin. The Americans with Disabilities Act (42 U.S.C. § 12112) prohibits discrimination against qualified individuals with disabilities. The Age Discrimination in Employment Act (29 U.S.C. § 623) protects workers 40 and older. At the state level, the Illinois Human Rights Act (775 ILCS 5/2-102) extends these protections to include sexual orientation, marital status, and unfavorable military discharge. Knowing which statute applies helps shape the evidence we collect.
Before filing a lawsuit, Illinois law requires you to file a charge with both the U.S. Equal Employment Opportunity Commission (EEOC) and the Illinois Department of Human Rights (IDHR). Under Title VII, you generally have 180 days from the discriminatory act to file with the EEOC—300 days if your employer is also covered by state law. For the IHRA, you have 300 days. Failing to meet these deadlines usually bars your claim. Early filing preserves your right to a “Right to Sue” notice and eventual lawsuit.
When drafting the charge, we ensure it clearly describes the unlawful conduct, dates, relevant policies, and witnesses. The charge should state the protected class involved and how the employer’s actions violated federal or state statutes. We gather supporting documents—performance reviews, emails, personnel policies, and identify witnesses who observed the conduct. A well-prepared charge not only prompts a thorough investigation but also strengthens your case if you move to court.
Once your charge is filed, the EEOC will notify your employer and investigate. This may include document requests, witness interviews, and mediation under the EEOC’s Early Mediation Program. If the EEOC dismisses your charge or issues a “Right to Sue” notice, you have 90 days from receipt to file a lawsuit in federal court. Under the IHRA, after dual filing with the IDHR, you can request a civil action if the IDHR does not resolve your claim within 365 days.
With your Right to Sue letter in hand, we prepare a complaint outlining jurisdiction, parties, factual allegations, and statutory violations. We file in federal court for Title VII, ADA, or ADEA claims, citing 42 U.S.C. § 2000e-5(f)(1) for Title VII. For IHRA claims, we file in Cook County Circuit Court or another county of venue, citing 775 ILCS 5/8-111. Timing is critical—missing the 90-day window after the Right to Sue letter can result in dismissal.
Remedies for successful discrimination claims include back pay, reinstatement, lost benefits, compensatory and punitive damages (limited by statute, see 42 U.S.C. § 1981a), and attorney’s fees. Early settlement discussions often yield voluntary relief without prolonged litigation. We balance aggressive representation with realistic assessments of trial risks and settlement value, always aiming to maximize client recovery.
We recommend documenting every incident immediately. Save emails, memos, performance reviews, and any written or recorded evidence. Note dates, times, and names of witnesses. Early documentation helps us craft a detailed charge and supports your credibility in an EEOC or IDHR investigation.
For federal claims under Title VII, the deadline is 180 days from the date of the discriminatory act, extended to 300 days if your employer is covered by state anti-discrimination laws. For state claims under the IHRA, you have 300 days. Missing these deadlines generally bars your right to pursue legal remedies.
Title VII applies to employers with 15 or more employees. However, the IHRA in Illinois covers employers with one or more employees. Thus, state law may protect you even if you’re not covered under federal law.
After you file a charge, the EEOC notifies your employer and may request position statements and documents. The agency may interview you, your employer, and witnesses. Mediation is offered in many cases. If the EEOC finds no violation, it issues a Right To Sue letter; if it finds discrimination, it may attempt conciliation or issue a finding of reasonable cause.
You can file without a lawyer, but legal representation ensures your charge is thorough and timely. We help you frame legal theories, gather evidence, and communicate clearly with the EEOC or IDHR. Attorney involvement often leads to stronger investigations and better settlements.
No. Federal law (42 U.S.C. § 2000e-3(a)) and the IHRA (775 ILCS 5/6-101) protect you from retaliation. If your employer punishes you for filing a charge—through demotion, termination, or harassment—you can file a separate retaliation claim with the EEOC or IDHR.
Successful claims may yield back pay, front pay, reinstatement, compensatory damages for emotional distress, punitive damages (under Title VII, subject to caps in 42 U.S.C. § 1981a), and coverage of attorney’s fees and costs. The IHRA also allows for injunctive relief and damages.
EEOC investigations can last six months to over a year, depending on workload and complexity. State investigations through the IDHR may take up to 365 days. Lawsuits add additional months or years. We work diligently to expedite your claim and explore early settlement opportunities.
Filing an employment discrimination claim in Illinois requires precise timing and legal knowledge. We at North Suburban Legal Services guide Chicago employees through every step—charge preparation, administrative proceedings, and litigation if needed.
Contact our Chicago employment lawyers at North Suburban Legal by calling 312-909-6089 to receive your free consultation. We serve clients throughout Chicago, protecting your rights and seeking the justice you deserve.