Undocumented individuals in Illinois have legal protections against discrimination in both housing and employment under state and local laws. While federal protections under the Civil Rights Act and Fair Housing Act apply primarily to legally authorized workers and tenants, Illinois, Cook County, and the City of Chicago have enacted stronger protections that apply to all residents, regardless of immigration status.
If you are undocumented and facing discrimination at work or when trying to secure housing, it is important to know your rights and legal options.
Housing Rights for Undocumented Individuals
Illinois law prohibits housing discrimination based on immigration status or national origin. In Chicago, Cook County, and statewide, landlords cannot refuse to rent, evict, or treat tenants unfairly based on their immigration status.
Key Housing Protections
- The Illinois Human Rights Act (IHRA) protects tenants from discrimination based on national origin, ancestry, or immigration status.
- The Cook County Human Rights Ordinance explicitly prohibits landlords from inquiring about or using immigration status as a basis to deny housing.
- Chicago’s Fair Housing Ordinance extends similar protections within city limits.
What Landlords Cannot Do
- Refuse to rent to someone because they are undocumented.
- Threaten to report a tenant to immigration authorities.
- Charge higher rent or impose different lease terms based on immigration status.
- Harass or intimidate tenants because of their immigration status.
What to Do If You Face Housing Discrimination
If a landlord discriminates against you:
- Document everything – Save emails, texts, or written notices related to your rental application or tenancy.
- File a complaint – You can file a complaint with:
- Illinois Department of Human Rights (IDHR)
- Cook County Commission on Human Rights
- Chicago Commission on Human Relations
- Consult an attorney – Legal representation can help you challenge the discrimination and seek compensation.
Employment Rights for Undocumented Individuals
In Chicago, Cook County, and Illinois, undocumented workers have many of the same employment rights as other workers, including protection from discrimination, wage theft, and retaliation. Employers cannot use immigration status to deny fair wages, safe working conditions, or protection from discrimination.
Key Employment Protections
- The Illinois Human Rights Act (IHRA) prohibits workplace discrimination based on national origin and ancestry, which protects undocumented workers.
- The Illinois Workplace Transparency Act prohibits employers from using immigration status as a reason to retaliate against employees who assert their legal rights.
- The Chicago and Cook County Human Rights Ordinances provide additional protections against employment discrimination based on race, ethnicity, and national origin.
What Employers Cannot Do
- Refuse to hire or fire someone solely because they are undocumented.
- Pay undocumented workers less than other employees.
- Threaten to call ICE (Immigration and Customs Enforcement) if a worker complains about conditions.
- Discriminate against workers based on their national origin or language.
Wage and Hour Protections
Even if you are undocumented, you have the right to:
- Be paid at least the minimum wage.
- Overtime pay if you work more than 40 hours a week.
- Safe working conditions under OSHA regulations.
- Protection from workplace retaliation.
What to Do If You Experience Employment Discrimination
If you are undocumented and face discrimination at work:
- Keep records – Document your hours, pay stubs, and any discriminatory actions.
- File a complaint – You can report workplace discrimination to:
- Illinois Department of Human Rights (IDHR)
- Chicago Commission on Human Relations
- Cook County Commission on Human Rights
- U.S. Department of Labor (for wage theft claims)
- Speak with a legal advocate – An employment attorney can help protect your rights, even if you are undocumented.
Can Employers or Landlords Use Immigration Status Against You?
Under Illinois law, your immigration status does not affect your right to report discrimination. Courts and agencies that handle discrimination claims cannot ask about or consider your immigration status when deciding your case.
Justice Legal Counsel Can Help
At Justice Legal Counsel, we fight for the rights of all workers and tenants, regardless of immigration status. If you have faced discrimination in housing or employment, contact us today to discuss your legal options. You have rights, and we are here to protect them.