This Illinois Human Rights Act checklist adds duties, deadlines and 2026 penalties to the overview.
What the law requires
| Requirement | In plain words | Section |
|---|---|---|
| No bias | Hiring, pay, discipline and discharge may not turn on a protected ground | 2-102 |
| Accommodation | Religious practice and pregnancy-related conditions, unless undue hardship | 2-102 |
| Records | No arrest-record use unless the law allows; conviction only with a job link, written notice and 5 business days to answer | 2-103, 2-103.1 |
| Notice and training | IDHR notice posted; rights in handbooks; yearly sexual harassment training for all | 2-102(K), 2-109 |
| AI | No discriminatory effect or zip-code proxies; employees told | 2-102(L) |
Key numbers and dates
| Item | Figure or date | Year |
|---|---|---|
| IDHR filing deadline | 2 years after the violation (300 days before); a charge to the EEOC within 300 days counts as an IDHR filing | From January 1, 2025 |
| IDHR clock | Report within 365 days, extendable in writing; next, 90 days to go before the Commission or court | 2026 |
| Commission civil penalty | Up to $16,000 per violation and aggrieved party; $42,500 with one prior in 5 years; $70,000 if two or more in 7 | From January 1, 2026 |
| Overdue training or report | After 30 days' notice, up to (1st / 2nd / 3rd+): $500 / $1,000 / $3,000 under 4 employees; $1,000 / $3,000 / $5,000 with 4 or more | 2026 |
Source: 775 ILCS 5/7A-102
Recent and pending changes
- January 1, 2025 (final): 2-year charge deadline (P.A. 103-973).
- January 1, 2026 (in force): AI provisions (P.A. 103-804); penalty tiers (P.A. 104-425).
- January 1, 2027 (enacted): menopause-related conditions treated as pregnancy (P.A. 104-793).
- June 1, 2027 (enacted): criteria with a discriminatory effect are unlawful unless job related and consistent with business necessity, or if a less discriminatory option could serve the need (P.A. 104-744).
The named checklist: your Illinois Human Rights Act checklist
The Seven-Spoke Fair-Work Wheel:
- Track weekly headcount to pick the coverage test.
- Post the IDHR notice; add rights information to the handbook.
- Schedule yearly sexual harassment prevention training for all staff.
- Review hiring: no arrest questions, the conviction notice step, AI tools disclosed.
- Set a path for religious, pregnancy and disability accommodation requests.
- Diary July 1 for any adverse-judgment report to IDHR (next: 2027).
- Send any charge to your attorney at once; retaliation is unlawful.
Common mistakes
- No annual training, or no proof of it.
- Rejecting a candidate over a conviction without the written notice step.
- English-only rules covering private conversation.
- Forcing pregnant staff onto leave when another accommodation works.
When to bring in an attorney
- A charge, demand letter or lawsuit arrives.
- An accommodation request poses undue-hardship questions, or a harassment complaint involves an owner.
- You plan to use screening or scoring software in hiring.
How we can help
We handle the U.S. tax, payroll and accounting side, working with your attorney, Canadian CPA or Indian CA. See payroll and employer compliance, bookkeeping and accounting and our Illinois payroll guide.
Frequently asked questions
How long do I have to file an IDHR charge?
Two years after the violation, since January 1, 2025. An EEOC charge made within 300 days is deemed filed with IDHR.
Does the Act apply to a one-employee business?
Yes for sexual harassment, pregnancy and certain disability claims. Other claims need the 20-week test.
Is sexual harassment training required?
The statute says every employer with employees in Illinois; IDHR's website says more than one employee. Confirm with IDHR if you have one.
Does the Act cover AI hiring tools?
From January 1, 2026, AI used for hiring and similar decisions may not produce a discriminatory effect. Employees must be told. For first-hire steps, see hiring US employees from abroad.
Official sources
- Illinois General Assembly: Illinois Human Rights Act (775 ILCS 5)
- Illinois Department of Human Rights: Sexual harassment prevention
- Illinois Department of Human Rights: Report adverse judgments
- Illinois Joint Committee on Administrative Rules: Flinn Report, June 26, 2026
- Illinois General Assembly: Public Act 104-744
This page summarizes public guidance in plain language. If anything here differs from the official source, the official source controls.