Retaliation: Illinois

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Steve Miller and Theresa Essig, Fisher Phillips

Summary

• While various Illinois laws prohibit retaliation against employees who engage in protected activity, the key statute that prohibits retaliation against employees who allege discrimination or harassment is the Illinois Human Rights Act. See Retaliation Under the Illinois Human Rights Act.
• To prove retaliation under Illinois law, an employee must establish that: (1) he or she engaged in protected activity; (2) the employer committed a material adverse act against him or her; and (3) a causal nexus exists between the protected activity and the adverse act. See What Constitutes Retaliation.
• Reprimands or negative performance evaluations, unaccompanied by any tangible job consequences, do not generally constitute materially adverse acts under Illinois law. See What Constitutes Retaliation.
• The Illinois Equal Pay Act contains retaliation protections. See Retaliation Under the Equal Pay Act.
• The Illinois Genetic Information Privacy Act contains retaliation protections. See Retaliation Under the Genetic Information Privacy Act.
• Localities including Aurora and Cook County have requirements pertaining to retaliation.See Local Requirements.