If you’ve reported discrimination or harassment at work, you have the right to do so without fear of retaliation. Under the Illinois Human Rights Act (IHRA), it is illegal for an employer to punish you for speaking up about workplace discrimination, sexual harassment, or other unlawful practices. Unfortunately, retaliation is one of the most common forms of workplace misconduct, and many employees find themselves facing unfair treatment after reporting a problem.
What Counts as Retaliation?
Retaliation happens when an employer takes negative action against an employee for engaging in a legally protected activity. Protected activities include:
- Reporting sexual harassment or discrimination to HR or management
- Filing a complaint with the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC)
- Participating in an investigation, lawsuit, or workplace complaint
- Opposing workplace discrimination, even if you’re speaking up on behalf of a co-worker
Retaliation can take many forms, some obvious and some subtle. Common examples include:
- Termination or demotion after filing a complaint
- Pay cuts or reduced hours without a valid reason
- Negative performance reviews that suddenly appear after reporting misconduct
- Exclusion from projects, meetings, or promotions
- Harassment or intimidation by management or co-workers
Employers may try to disguise retaliation as a legitimate business decision, but if the negative treatment started after you reported harassment or discrimination, it may be illegal.
What Should You Do If You’re Facing Retaliation?
- Document Everything. Keep a record of your complaint, any retaliation you experience, and the timeline of events. Emails, text messages, and performance reviews can serve as critical evidence.
- Follow Internal Procedures. If your employer has a process for reporting retaliation, follow it and keep copies of all communications.
- File a Complaint with IDHR. In Illinois, you can file a retaliation complaint with the Illinois Department of Human Rights (IDHR), which investigates workplace discrimination and retaliation claims. You may also have federal protections under the EEOC.
- Seek Legal Help. Retaliation cases can be complex, and proving that an employer’s actions were unlawful requires strong evidence. An employment attorney can help you navigate your options and fight for your rights.
Illinois Laws Offer Strong Protections
Unlike federal laws, which often require a minimum number of employees for a retaliation claim, the Illinois Human Rights Act applies to employers of all sizes. This means you don’t need to work for a large company to have legal protections against retaliation. If your employer retaliates against you, you may be entitled to compensation, including lost wages, emotional distress damages, and attorney’s fees.
Take Action Today
If you believe you are being retaliated against for reporting workplace harassment or discrimination, you don’t have to fight this battle alone. We specialize in employment law and can help you understand your rights, gather evidence, and take legal action if necessary. Contact us today for a confidential consultation and take the first step toward protecting your career and your future.