Retaliation occurs when an employer, landlord, or other party punishes someone for exercising their legal rights. Illinois law, along with federal, Chicago, and Cook County regulations, provides strong protections against retaliation in employment, housing, and whistleblower cases. This guide breaks down the laws, elements of a retaliation claim, damages available, and the legal process for seeking justice.
What is Retaliation?
Retaliation happens when a person faces adverse action for engaging in a legally protected activity, such as reporting discrimination, requesting a reasonable accommodation, or exposing fraud. Adverse actions can include termination, demotion, eviction, harassment, or other punishments meant to discourage or penalize someone for asserting their rights.
Laws Protecting Against Retaliation in Illinois
Federal Laws
- Title VII of the Civil Rights Act of 1964 – Protects employees from retaliation for reporting discrimination or harassment.
- Americans with Disabilities Act (ADA) – Prohibits retaliation against employees requesting reasonable accommodations.
- Fair Housing Act (FHA) – Protects individuals from retaliation for reporting housing discrimination.
- False Claims Act (FCA) – Protects whistleblowers from retaliation for reporting fraud against the federal government.
Illinois State Laws
- Illinois Human Rights Act (IHRA) – Prohibits retaliation in employment, housing, and public accommodations for asserting rights under the Act.
- Illinois Whistleblower Act (IWA) – Protects employees from retaliation for reporting illegal conduct by an employer.
- Illinois False Claims Act – Provides protections for whistleblowers who report fraudulent claims submitted to the state government.
Chicago and Cook County Laws
- Chicago Human Rights Ordinance – Prohibits retaliation in employment, housing, and public accommodations within the city.
- Cook County Human Rights Ordinance – Extends similar protections to workers and tenants in Cook County.
Elements of a Retaliation Claim
To establish a retaliation claim, a complainant must prove:
- Protected Activity – The individual engaged in an activity protected by law, such as:
- Filing a complaint about discrimination or harassment.
- Requesting a reasonable accommodation.
- Reporting workplace safety violations.
- Exposing fraud against the government.
- Adverse Action – The employer, landlord, or other entity took a negative action in response to the protected activity, such as:
- Termination, demotion, or discipline at work.
- Eviction, rent increase, or refusal to renew a lease.
- Harassment, intimidation, or threats.
- Causal Connection – There must be a link between the protected activity and the adverse action. Suspicious timing, direct statements, or inconsistent justifications can be used as evidence.
Types of Retaliation
Employment Retaliation
Employers cannot take adverse action against employees who report discrimination, request accommodations, or oppose unlawful workplace practices. Examples include:
- Firing an employee after they complain about workplace harassment.
- Giving a worker unfavorable shifts after they report wage theft.
- Reducing an employee’s hours after they request medical leave.
Housing Retaliation
Landlords cannot retaliate against tenants for asserting their housing rights. Examples include:
- Evicting a tenant after they report unsafe living conditions.
- Increasing rent after a tenant files a housing discrimination complaint.
- Refusing repairs after a tenant asserts their rights.
False Claims and Whistleblower Retaliation
Whistleblowers who expose fraud against the government are protected from retaliation. Examples include:
- Firing an employee for reporting Medicare fraud.
- Demoting a worker after they report financial misconduct in a government contract.
- Harassing an employee for cooperating with a government investigation.
Damages Available in a Retaliation Case
Victims of retaliation may be entitled to:
- Back Pay – Compensation for lost wages due to termination or demotion.
- Front Pay – Future lost wages if reinstatement is not possible.
- Emotional Distress Damages – Compensation for mental anguish caused by retaliation.
- Punitive Damages – Additional damages to punish egregious misconduct.
- Attorney’s Fees and Costs – Reimbursement for legal expenses.
Process for Filing a Retaliation Claim
Employment Retaliation
- File a Charge – Employees can file a retaliation charge with the Illinois Department of Human Rights (IDHR), the Equal Employment Opportunity Commission (EEOC), or a local agency.
- Investigation – The agency will review evidence, interview witnesses, and determine if there is enough evidence to proceed.
- Right-to-Sue Letter – If the agency does not resolve the case, the complainant may receive permission to file a lawsuit.
- Litigation – If settlement is not reached, the case may proceed to court.
Housing Retaliation
- File a Complaint – Tenants can file complaints with the IDHR, the U.S. Department of Housing and Urban Development (HUD), or local housing commissions.
- Investigation and Mediation – The agency may attempt to resolve the dispute through mediation.
- Hearing or Lawsuit – If unresolved, the case may proceed to an administrative hearing or court.
False Claims and Whistleblower Retaliation
- File a Qui Tam Lawsuit – Whistleblowers can file a claim under the Illinois or federal False Claims Act.
- Government Investigation – The government may intervene and take over the case.
- Settlement or Litigation – If successful, whistleblowers may recover damages and a portion of the recovered funds.
Why You Need a Lawyer
Retaliation cases are complex, and employers and landlords often try to justify their actions with false or misleading explanations. An experienced attorney can help gather evidence, present a strong case, and hold the responsible party accountable. If you have faced retaliation, contact our firm today to discuss your options and protect your rights.