If your workplace is toxic, abusive, or intolerable, you may be experiencing a hostile work environment. Many employees face harassment, discrimination, or retaliation that makes their jobs unbearable, but not all bad workplaces are illegal under the law.
In Illinois and Chicago, employees have legal protections against hostile workplaces when the hostility is based on discrimination, retaliation, or unlawful harassment. If you are experiencing severe or pervasive mistreatment at work, you may have a legal claim.
This guide explains:
- What qualifies as a hostile work environment under Illinois and Chicago law
- Your legal rights as an employee
- How to document and report a hostile workplace
- What to do if your employer ignores the problem
What Is a Hostile Work Environment?
A hostile work environment exists when severe or pervasive mistreatment makes it difficult for an employee to do their job. In Illinois, this typically includes:
- Harassment based on race, sex, disability, or other protected traits
- Retaliation for reporting discrimination or illegal activities
- Intimidation, threats, or bullying related to protected characteristics
- Sexual harassment (unwanted advances, offensive jokes, or physical conduct)
Does Illinois Law Protect Against a Hostile Work Environment?
Yes, Illinois law prohibits hostile work environments when they are based on protected characteristics under the Illinois Human Rights Act (IHRA). This means that general workplace mistreatment is not illegal unless it involves discrimination, retaliation, or harassment.
- Illinois Human Rights Act (IHRA) – Covers workplaces with one or more employees
- Chicago Human Rights Ordinance – Applies to workplaces within Chicago city limits
- Cook County Human Rights Ordinance – Protects workers throughout Cook County
If your hostile workplace involves discrimination or retaliation, you may be able to file a legal claim.
What Are Examples of a Hostile Work Environment?
1. Discrimination-Based Harassment
A hostile work environment violates the law when it includes harassment based on:
- Race, color, or national origin
- Sex, gender identity, or sexual orientation
- Religion
- Disability
- Age (40 and older)
- Pregnancy or marital status
- Military status or citizenship status
Example:
A Black employee is repeatedly subjected to racial slurs and offensive jokes by coworkers. Management knows about the behavior but does nothing to stop it. This could be a hostile work environment claim based on racial harassment.
2. Sexual Harassment & Unwanted Advances
Sexual harassment creates a hostile work environment when it includes:
- Unwanted touching or sexual advances
- Sexual jokes, comments, or innuendos
- Quid pro quo harassment (e.g., a boss offering a promotion in exchange for sexual favors)
Example:
A female bartender is constantly harassed by a manager, who makes inappropriate comments about her body and threatens to cut her shifts if she doesn’t go on a date with him. This is illegal sexual harassment.
3. Retaliation for Reporting Discrimination or Safety Violations
It is illegal for an employer to punish employees for reporting workplace issues, such as:
- Discrimination or harassment
- Unsafe working conditions (OSHA violations)
- Unpaid wages or wage theft
- Whistleblowing on illegal company practices
Example:
An employee reports sexist behavior to HR, but instead of taking action, their boss starts excluding them from meetings and cuts their hours. This could be illegal retaliation.
4. Disability Discrimination and Failure to Accommodate
Employers must provide reasonable accommodations for employees with disabilities under the Americans with Disabilities Act (ADA) and Illinois law.
Example:
A cashier with a medical condition requests a stool to sit on while working, but their employer refuses without reason and forces them to stand for long shifts. This may qualify as a hostile work environment and disability discrimination.
What Should You Do If You’re Facing a Hostile Work Environment?
Step 1: Document Everything
If you believe you’re experiencing a hostile work environment, you should:
- Write down incidents (dates, times, people involved)
- Save emails, text messages, or performance reviews
- Keep copies of complaints made to HR
Step 2: Report the Hostile Work Environment to HR
Before taking legal action, you must give your employer a chance to fix the problem by:
- Filing a formal complaint with HR
- Following company policies for reporting harassment
If HR ignores your complaint or retaliates against you, you may have a legal claim.
Step 3: File a Complaint with a Government Agency
If your employer does not stop the harassment, you can file a legal complaint with:
- Illinois Department of Human Rights (IDHR)
- Covers hostile work environments based on discrimination
- Deadline: File within 300 days of the last incident
- Chicago Commission on Human Relations (CCHR)
- Handles complaints for employees within Chicago
- Deadline: File within 180 days
- Equal Employment Opportunity Commission (EEOC)
- Covers federal discrimination claims
- Deadline: File within 300 days
- Cook County Commission on Human Rights
- Handles discrimination complaints outside of Chicago but within Cook County
Step 4: Consider Legal Action
If you have experienced serious mistreatment, emotional distress, or lost wages due to a hostile work environment, you may be entitled to:
- Compensation for emotional distress
- Lost wages or back pay
- Punitive damages against the employer
A lawsuit can also force an employer to change policies and prevent future harassment.
Justice Legal Counsel Can Help
If you are facing a hostile work environment in Chicago or Illinois, you do not have to endure workplace mistreatment. At Justice Legal Counsel, we help employees fight back against workplace harassment, discrimination, and retaliation.
- We review your case to determine if you have a legal claim.
- We help you file complaints with the IDHR, EEOC, or CCHR.
- We take legal action to recover lost wages and damages.
No one should feel unsafe or harassed at work. If you’re facing a hostile work environment, contact us today for a consultation and learn about your legal options.