If you’ve experienced discrimination in the workplace, housing, or public accommodations in Illinois, you may be entitled to damages – financial or other forms of relief meant to compensate you for harm caused by the discrimination. But what damages are available, and what evidence do you need to prove them?
This guide explains the types of damages you can recover in Illinois discrimination cases, the evidence required, and what types of proof are most effective in securing compensation.
What Damages Are Available in Illinois Discrimination Cases?
The amount and type of damages available depend on where you file your case – whether through a state agency like the Illinois Department of Human Rights (IDHR), a local agency like the Chicago Commission on Human Relations (CCHR), or in state or federal court.
1. Compensatory Damages (Economic & Emotional Distress)
These damages compensate for actual financial losses and emotional harm caused by discrimination.
- Lost wages and benefits – Covers back pay (wages lost due to discrimination) and front pay (future lost wages if you can’t return to your job).
- Medical expenses – If discrimination caused mental or physical health issues requiring treatment.
- Emotional distress damages – Covers psychological harm like anxiety, depression, or trauma resulting from discrimination.
Preferred Evidence for Economic Losses:
- Pay stubs and tax returns (to prove lost wages)
- Employment records showing termination, demotion, or pay disparity
- Job search records (if you had to find a new job due to discrimination)
Preferred Evidence for Emotional Distress:
- Medical or therapy records documenting stress, anxiety, or depression
- Testimony from a doctor, therapist, or counselor
- Witness statements from family or coworkers confirming emotional changes
2. Punitive Damages (Only in Court Cases)
Punitive damages are awarded to punish the employer or landlord for extreme misconduct, such as deliberate discrimination or retaliation.
- Only available in state or federal court cases (not through IDHR or CCHR).
- Harder to win, but can result in significant financial awards.
Preferred Evidence:
- Internal emails or documents proving the employer knew about the discrimination and ignored it
- Evidence of repeated violations by the employer
- Testimony from former employees with similar experiences
3. Attorney’s Fees and Legal Costs
In most discrimination cases, the losing party may be required to pay the attorney’s fees and legal expenses of the winning party.
Preferred Evidence:
- Billing records from your attorney
- Documentation of costs related to filing fees, expert witnesses, and litigation expenses
4. Reinstatement or Policy Changes
- In employment cases, the court or agency may order the employer to reinstate you to your job.
- In housing cases, the landlord may be required to rent the unit to you if they previously denied you based on discrimination.
- Courts may also order changes to company policies to prevent future discrimination.
Preferred Evidence:
- Testimony from HR professionals or company representatives
- Documents proving discriminatory policies (e.g., hiring records, lease agreements)
How to Prove Your Damages in a Discrimination Case
To maximize your compensation, document everything. Here’s what you need to do:
- Keep a Paper Trail – Save emails, pay stubs, and employment/housing records.
- Seek Medical Help – If you’ve suffered emotional distress, visit a doctor or therapist for documentation.
- Get Witness Statements – Coworkers, friends, or family members can confirm how discrimination impacted you.
- File Complaints Promptly – Agency investigations help establish facts and preserve evidence.
Get Legal Help for Your Discrimination Case
The damages you can recover depend on how well you prove your case. If you’ve faced discrimination in Illinois, Justice Legal Counsel can help you:
- Gather the right evidence
- Maximize your potential damages
- File claims with the proper agency or court