If you’re dealing with discrimination at work in Chicago or anywhere in Illinois, you may wonder, “Do I have to quit before I can do anything about this?” The short answer is no.
You can file a complaint with the Equal Employment Opportunity Commission (EEOC) and, in many cases, the Illinois Department of Human Rights (IDHR) while you remain employed. In fact, many people do.
Federal and Illinois law do not require you to give up your paycheck to assert your rights. Many employees file successful EEOC and IDHR charges while they continue working throughout the entire process.
What Protections Do You Have Against Retaliation?
One of the biggest fears employees have is, “If I complain, will my employer come after me?”
Federal and Illinois law give a clear answer: employers may not punish employees for asserting their rights.
The law calls this retaliation. Protected activity includes:
- Filing an EEOC or IDHR charge or serving as a witness in someone else’s case
- Complaining to a supervisor, HR, or an owner about discrimination or harassment
- Answering questions during an internal investigation about harassment or discrimination
- Refusing to follow an order that would require discrimination
- Resisting sexual advances or stepping in to protect a coworker
- Requesting a disability or religious accommodation
If your employer retaliates after you take any of these actions, that retaliation creates a separate legal violation.
Examples of Retaliation
Retaliation can include:
- Demotion
- Pay cuts or loss of hours
- Sudden assignment to undesirable or inferior work
- Termination or being pushed out
If these changes occur shortly after you complain or file a charge, document the timing and details. You may file a separate retaliation charge, and courts often take retaliation seriously—even when the original discrimination claim proves harder to establish.
Why It Can Be Smart to File While You’re Still Working
Filing while employed may feel risky, but it can offer real advantages.
Preserving evidence often proves easier while you still work for the employer. You can access emails, texts, schedules, performance reviews, and written policies. Keeping a running log of incidents and saving documents in real time often carries more weight than trying to reconstruct events later.
Filing while employed can also demonstrate ongoing harm. When discrimination or harassment continues, your current employment status helps show that the conduct reflects a pattern rather than an isolated incident.
Finally, staying employed helps protect your financial stability. EEOC and IDHR investigations can last months or longer. Continuing to work allows you to pay bills, support your family, and avoid unnecessary financial stress while the process unfolds.
When Should You File?
You begin the process by filing a charge of discrimination—a signed statement alleging that your employer violated anti-discrimination laws.
Timing matters. Under federal law, you generally must file a charge within 180 days of the discriminatory act. In many Illinois cases, that deadline extends to 300 days because Illinois operates its own enforcement agency, the IDHR.
If you miss these deadlines, you may lose the right to pursue certain claims, so do not wait too long.
Possible Outcomes of an EEOC or IDHR Investigation
After completing an investigation, the EEOC may find reasonable cause, attempt conciliation, issue a no-cause finding, or provide a Right to Sue letter. A dismissal or no-cause finding does not mean you lack a case. It simply means the agency will not pursue it further. Many strong cases move forward in court after this stage.
Should You Talk to a Lawyer Before Filing?
Many Illinois workers benefit from speaking with an employment attorney before filing. A lawyer can assess whether the conduct likely violates the law, help you choose where to file, and ensure your charge accurately reflects what happened. Legal guidance can also help you anticipate retaliation and understand realistic outcomes.
Moving Forward
If you experience discrimination at work in Illinois, you have options. The law allows you to protect your rights without sacrificing your job.
Remember: Document Everything
- Save emails, texts, screenshots, chat logs, complaint forms, and HR responses
- Record dates, times, witnesses, and exactly what was said or done
- Keep personal copies of performance reviews, schedules, and write-ups
- Document every instance when your employer ignores or fails to correct harassment
You do not have to tolerate harassment from customers, clients, vendors, patients, or anyone else.
At 1818, we represent Illinois workers facing discrimination and retaliation—often while they remain employed. If you feel unsure about what to do next, a conversation with a lawyer can help you choose the best path forward for you and your family.
