Illinois Civil Rights Complaint (IHRA + Federal Parallel Counts)

ILLINOIS CIVIL RIGHTS COMPLAINT — IHRA WITH PARALLEL FEDERAL COUNTS

TABLE OF CONTENTS

1. Caption
2. Introduction and Nature of the Action
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion
5. Factual Allegations
6. Count I — Illinois Human Rights Act, 775 ILCS 5/2-102 (Discrimination)
7. Count II — Illinois Human Rights Act, 775 ILCS 5/6-101 (Retaliation)
8. Count III — Title VII of the Civil Rights Act of 1964
9. Count IV — 42 U.S.C. § 1981 / § 1983 (as applicable)
10. Count V — ADA / ADEA / Section 1981 (as applicable)
11. Damages
12. Prayer for Relief
13. Demand for Trial by Jury
14. Illinois Practice Notes
15. Signature, Verification, and Certificate of Service
16. Sources and References

1. CAPTION

STATE OF ILLINOIS

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ILLINOIS

[JUDICIAL CIRCUIT] JUDICIAL CIRCUIT

CASE NO. [________________________________]

VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
(Illinois Human Rights Act and Parallel Federal Civil Rights Claims)

2. INTRODUCTION AND NATURE OF THE ACTION

2.1. This is a civil action for damages, declaratory relief, and injunctive relief brought by Plaintiff [PLAINTIFF NAME] against Defendants for unlawful discrimination, harassment, and/or retaliation in violation of the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. ("IHRA"), and parallel federal civil rights statutes.

2.2. Plaintiff alleges that Defendants subjected Plaintiff to adverse treatment because of Plaintiff's [PROTECTED CLASS — e.g., race, sex, disability, sexual orientation, gender identity, citizenship status, arrest record, military status, marital status], and that Defendants retaliated against Plaintiff for engaging in protected activity in violation of 775 ILCS 5/6-101.

2.3. Plaintiff seeks compensatory and punitive damages, equitable relief, statutory attorney's fees and costs under 775 ILCS 5/8A-104(G) and 42 U.S.C. § 2000e-5(k), and pre- and post-judgment interest.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] is an adult resident and citizen of [COUNTY] County, Illinois, and was so at all times relevant to this Complaint.

3.2. At all relevant times, Plaintiff was an "employee" within the meaning of 775 ILCS 5/2-101(A)(1) and an "aggrieved party" within the meaning of 775 ILCS 5/1-103(B).

3.3. Defendant [EMPLOYER NAME] is [a corporation organized under the laws of ___ / a limited liability company / a sole proprietorship / a unit of local government] with its principal place of business at [ADDRESS].

3.4. At all relevant times, Defendant [EMPLOYER NAME] was an "employer" within the meaning of 775 ILCS 5/2-101(B)(1)(a) in that it employed one (1) or more employees within Illinois during twenty (20) or more calendar weeks within the calendar year of or preceding the alleged violation. [OR — for governmental defendants — Defendant is a unit of state or local government covered by the IHRA without regard to employee count per 775 ILCS 5/2-101(B)(1)(b).]

3.5. [INDIVIDUAL DEFENDANT NAME] is sued in [his/her/their] individual and official capacities as [TITLE] of Defendant [EMPLOYER NAME], and is a person who aided, abetted, compelled, or coerced the unlawful conduct alleged herein within the meaning of 775 ILCS 5/6-101(B).

3.6. Subject-matter jurisdiction is proper in this Court pursuant to 775 ILCS 5/10-102 (direct civil action), Article VI, Section 9 of the Illinois Constitution, and 735 ILCS 5/2-101.

3.7. Personal jurisdiction over Defendants is proper under 735 ILCS 5/2-209 because the conduct giving rise to this action occurred in Illinois and Defendants transact business in Illinois.

3.8. Venue is proper in [COUNTY] County under 735 ILCS 5/2-101 because the transaction or some part thereof out of which the cause of action arose occurred in this County and/or because Defendant resides or has its principal place of business in this County.

4. ADMINISTRATIVE EXHAUSTION

4.1. On [DATE], Plaintiff timely filed Charge No. [IDHR CHARGE NUMBER] with the Illinois Department of Human Rights ("IDHR") and Charge No. [EEOC CHARGE NUMBER] with the U.S. Equal Employment Opportunity Commission ("EEOC") pursuant to the IDHR–EEOC work-sharing agreement.

4.2. The IDHR charge was filed within two (2) years of the alleged civil rights violation as required by 775 ILCS 5/7A-102(A-1) (effective January 1, 2025 per P.A. 103-0890). [For violations alleged before January 1, 2025: the prior 300-day deadline under P.A. 101-0221 applies.]

4.3. [Select one and delete the others:]

• (a) Notice of Right to Sue. On [DATE], the IDHR Director issued a Notice of Right to Sue / Notice of Dismissal pursuant to 775 ILCS 5/7A-102(D), and Plaintiff files this Complaint within ninety (90) days of receipt of that Notice as required by 775 ILCS 5/7A-102(D)(4).
• (b) Substantial Evidence. On [DATE], the IDHR issued a finding of substantial evidence of a civil rights violation pursuant to 775 ILCS 5/7A-102(D)(2), and Plaintiff has elected to commence this civil action in lieu of a complaint before the Illinois Human Rights Commission within ninety (90) days as required by 775 ILCS 5/7A-102(D)(3).
• (c) Opt-Out. Within sixty (60) days of receipt of IDHR's notice of opt-out rights, Plaintiff submitted a written request to opt out of the IDHR's investigation pursuant to 775 ILCS 5/7A-102(C-1). On [DATE], the IDHR issued the opt-out notice. Plaintiff files this action within ninety (90) days of that notice.
• (d) Investigation Lapse. More than 365 days have elapsed since the filing of the perfected charge without a final IDHR determination, and Plaintiff exercises the statutory right to commence this civil action under 775 ILCS 5/7A-102(G)(2).

4.4. Plaintiff has exhausted all administrative prerequisites necessary for the IHRA and federal counts asserted herein.

5. FACTUAL ALLEGATIONS

5.1. Plaintiff began employment with Defendant [EMPLOYER] on or about [DATE] as a [POSITION/TITLE].

5.2. Throughout Plaintiff's employment, Plaintiff performed [his/her/their] duties competently and in accordance with Defendant's legitimate expectations.

5.3. Plaintiff is a member of one or more classes protected by the IHRA, including without limitation: [IDENTIFY PROTECTED CLASS(ES) — e.g., African American (race); female (sex); a person with a qualified disability under 775 ILCS 5/1-103(I); a gay/lesbian/bisexual/transgender person under 775 ILCS 5/1-103(O-1); a person who is a non-citizen lawfully present (citizenship status); a person with an arrest record under 775 ILCS 5/2-103; a current or former member of the U.S. Armed Forces (military status); a married/single/divorced person (marital status)].

5.4. [FACTUAL NARRATIVE — describe specific incidents, dates, persons, comments, conduct. Be particular: who, what, when, where, how. Identify decision-makers. Quote discriminatory remarks. Describe disparate treatment compared to similarly situated comparators outside the protected class.]

5.5. On [DATE], Plaintiff engaged in the following statutorily protected activity: [describe internal complaint, charge filing, request for accommodation, opposition to discriminatory practice, etc.].

5.6. Following Plaintiff's protected activity, Defendant subjected Plaintiff to the following materially adverse actions: [describe — termination, demotion, pay reduction, hostile work environment, denial of promotion, reassignment to less desirable duties, etc.] on [DATE(S)].

5.7. Defendants' stated reasons for the adverse action(s) are pretextual. [Describe pretext evidence — shifting explanations, treatment of comparators, contemporaneous statements, deviation from policy, temporal proximity to protected activity, etc.]

5.8. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered and will continue to suffer lost wages, lost benefits, loss of career opportunity, emotional distress, humiliation, and damage to reputation.

6. COUNT I — ILLINOIS HUMAN RIGHTS ACT, 775 ILCS 5/2-102 (DISCRIMINATION)

6.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 5.8 as though fully set forth herein.

6.2. At all relevant times, Defendant [EMPLOYER] was an "employer" within the meaning of 775 ILCS 5/2-101(B)(1).

6.3. Section 2-102(A) of the IHRA makes it a civil rights violation for any employer to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of unlawful discrimination.

6.4. Defendants subjected Plaintiff to adverse employment action(s) on the basis of Plaintiff's [PROTECTED CLASS] in violation of 775 ILCS 5/2-102(A).

6.5. Defendants' conduct constitutes "unlawful discrimination" as defined in 775 ILCS 5/1-103(Q) and a "civil rights violation" as defined in 775 ILCS 5/2-102.

6.6. Defendants acted with malice or reckless indifference to Plaintiff's federally and state-protected rights, entitling Plaintiff to actual damages, equitable relief, attorney's fees, and costs under 775 ILCS 5/8A-104.

7. COUNT II — ILLINOIS HUMAN RIGHTS ACT, 775 ILCS 5/6-101 (RETALIATION)

7.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 6.6 as though fully set forth herein.

7.2. Section 6-101(A) of the IHRA makes it a civil rights violation to retaliate against any person because that person has opposed any practice forbidden by the Act, or because that person has filed a charge, testified, assisted, or participated in any proceeding under the Act.

7.3. Plaintiff engaged in protected activity as described in Paragraph 5.5.

7.4. Defendants knew of Plaintiff's protected activity and subjected Plaintiff to materially adverse actions because of, and in retaliation for, that protected activity.

7.5. A causal connection exists between Plaintiff's protected activity and Defendants' adverse actions, evidenced by [temporal proximity / direct evidence / pattern of conduct / shifting explanations].

8. COUNT III — TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

8.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 7.5 as though fully set forth herein.

8.2. Title VII, 42 U.S.C. § 2000e-2(a), prohibits employer discrimination because of race, color, religion, sex, or national origin.

8.3. Defendant [EMPLOYER] is an "employer" within the meaning of 42 U.S.C. § 2000e(b) (15+ employees in 20+ calendar weeks).

8.4. Defendants' conduct described above constitutes intentional discrimination and/or unlawful disparate treatment in violation of Title VII.

8.5. Plaintiff timely filed an EEOC charge and received a Notice of Right to Sue on [DATE], attached as Exhibit [__], and brings this count within ninety (90) days of receipt.

9. COUNT IV — 42 U.S.C. § 1981 / § 1983 (AS APPLICABLE)

9.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 8.5 as though fully set forth herein.

9.2. [For § 1981 (race / contract):] 42 U.S.C. § 1981 guarantees all persons within the jurisdiction of the United States the same right to make and enforce contracts as is enjoyed by white citizens. Defendants intentionally discriminated against Plaintiff in the making, performance, modification, and termination of the employment contract because of Plaintiff's race in violation of § 1981.

9.3. [For § 1983 (state actor):] 42 U.S.C. § 1983 provides a remedy against any person who, under color of state law, deprives another of rights secured by the Constitution and laws of the United States. Defendant [STATE/MUNICIPAL ACTOR] acted under color of Illinois law and deprived Plaintiff of rights secured by the Equal Protection Clause of the Fourteenth Amendment.

9.4. Defendants' conduct was intentional, willful, and undertaken with reckless indifference to Plaintiff's federally protected rights, supporting an award of punitive damages.

10. COUNT V — ADA / ADEA / SECTION 1981 (AS APPLICABLE)

10.1. Plaintiff realleges and incorporates the foregoing paragraphs.

10.2. [For ADA:] Plaintiff is a "qualified individual with a disability" within the meaning of 42 U.S.C. § 12111(8). Defendants failed to provide reasonable accommodation and/or discharged Plaintiff because of Plaintiff's disability in violation of 42 U.S.C. § 12112.

10.3. [For ADEA:] Plaintiff is over forty (40) years of age and within the protected class under 29 U.S.C. § 631. Defendants subjected Plaintiff to adverse action because of Plaintiff's age in violation of 29 U.S.C. § 623(a).

10.4. Plaintiff exhausted administrative prerequisites by timely filing with the EEOC and receiving a Notice of Right to Sue.

11. DAMAGES

11.1. Economic Damages: Lost wages and benefits (back pay) of approximately $[AMOUNT]; future lost earnings (front pay) to be proven at trial; lost retirement, health-insurance, and other benefits; out-of-pocket job-search and medical expenses.

11.2. Compensatory Damages: Emotional distress, humiliation, mental anguish, loss of enjoyment of life, damage to professional reputation, and physical manifestations of stress.

11.3. Punitive Damages: Available against private-sector defendants under Title VII, § 1981, and the IHRA where conduct is willful and wanton or undertaken with malice or reckless indifference. (Note: Punitive damages are not available against governmental defendants under Title VII or § 1983.)

11.4. Equitable Relief: Reinstatement, expungement of disciplinary records, injunctive relief against ongoing discriminatory practices, and policy / training reforms.

11.5. Attorney's Fees and Costs: Recoverable under 775 ILCS 5/8A-104(G), 42 U.S.C. § 2000e-5(k), 42 U.S.C. § 1988, and 29 U.S.C. § 626(b).

11.6. Pre-judgment and post-judgment interest as authorized by 815 ILCS 205/2 and 28 U.S.C. § 1961.

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendants, jointly and severally, and award the following relief:

• A. Compensatory damages in an amount to be proven at trial, including back pay, front pay, lost benefits, and damages for emotional distress;
• B. Punitive damages against private-sector Defendants in the maximum amount allowed by law;
• C. Reinstatement to Plaintiff's former position with full seniority, or front pay in lieu thereof;
• D. Permanent injunctive relief enjoining Defendants from engaging in further unlawful discrimination, harassment, or retaliation;
• E. Expungement of all disciplinary records related to the unlawful conduct;
• F. Reasonable attorney's fees and costs pursuant to 775 ILCS 5/8A-104(G), 42 U.S.C. § 2000e-5(k), and 42 U.S.C. § 1988;
• G. Pre-judgment and post-judgment interest;
• H. A declaratory judgment that Defendants' conduct violated the IHRA and federal civil rights statutes; and
• I. Such other and further relief as the Court deems just and proper.

13. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to 735 ILCS 5/2-1105, Illinois Supreme Court Rule 180, and the Seventh Amendment to the United States Constitution.

14. ILLINOIS PRACTICE NOTES

• Employer threshold (1+ employee). Effective July 1, 2020 (P.A. 101-0221, SB 75 — the "Workplace Transparency Act / Hotel and Casino Employee Safety Act / IHRA Reform"), the IHRA's general "employer" definition was reduced from 15 employees to 1 employee. This is one of the broadest coverage thresholds in the United States and dramatically expands liability exposure for small Illinois employers and start-ups. The 20-calendar-weeks-in-the-current-or-preceding-year requirement remains. Sexual harassment claims under 775 ILCS 5/2-101(E) have always applied to all employers regardless of size.
• Statute of limitations — 2 years. Effective January 1, 2025 (P.A. 103-0890, SB 3310), the IDHR charge-filing window is 2 years. This is more than double the federal 300-day EEOC window. A charge timely under Illinois law may nonetheless be untimely under federal law; counsel must monitor both clocks. For violations alleged before 1/1/2025, the prior 300-day window under P.A. 101-0221 (which itself extended the historical 180-day window) applies.
• Protected classes — among the broadest in the nation. The IHRA protects: race, color, religion, sex (including pregnancy and childbirth), national origin, ancestry, age (40+), order of protection status, marital status, disability, military status, sexual orientation (including gender-related identity and expression), pregnancy, citizenship status, arrest record, conviction record (with limited employer-defense framework), unfavorable military discharge, work-authorization status, reproductive health decisions, and family responsibilities (effective 1/1/2025). Several of these categories — arrest record, marital status, military status, citizenship status — are not protected under federal law, making the IHRA a critical standalone claim.
• Arrest record. Under 775 ILCS 5/2-103 (as amended by HB 1100 / P.A. 102-0896), employers cannot make adverse decisions based on arrests not resulting in conviction, and conviction-record decisions require a documented individualized assessment.
• AI / algorithmic discrimination (effective 1/1/2026). Per HB 3773 / P.A. 103-0804, employers may not use AI in hiring or other employment decisions where it produces discriminatory effects, and may not use ZIP codes as proxies for protected classes. Plead AI involvement specifically where applicable.
• Election of remedies (775 ILCS 5/8-111(D)). Filing an IHRA charge generally precludes parallel state-law tort actions for the same conduct sounding in protected-class discrimination. Mein v. Masonite Corp., 109 Ill. 2d 1 (1985); Maksimovic v. Tsogalis, 177 Ill. 2d 511 (1997).
• Opt-out window. A complainant may opt out of IDHR investigation within 60 days of receiving IDHR's opt-out notice (sent within 10 days of the perfected charge), then file in circuit court within 90 days of the IDHR's confirmation, per 775 ILCS 5/7A-102(C-1).
• 365-day investigation clock. If IDHR does not issue a determination within 365 days of the perfected charge (or such longer period as the parties agree), the complainant may proceed directly to circuit court or file with the Human Rights Commission per 775 ILCS 5/7A-102(G).
• Forum. IHRA civil actions are filed in the circuit court of the county where the alleged civil rights violation occurred (775 ILCS 5/10-102). Federal Title VII / § 1981 / § 1983 claims may be filed in the same circuit court (concurrent jurisdiction) or in U.S. District Court.
• Damages cap. No general statutory cap on IHRA damages. Title VII compensatory and punitive damages are capped under 42 U.S.C. § 1981a(b)(3) on a sliding scale by employer size ($50K–$300K). Section 1981 has no cap. ADEA limits damages to liquidated damages on willful violations (no compensatory or punitive).
• Service of process. Effected per Illinois Supreme Court Rules 101–105 and 735 ILCS 5/2-203 (individuals) / § 2-204 (corporations). Registered agents for Illinois corporations searchable via the Illinois Secretary of State business database.
• Verification. While not strictly required for circuit-court complaints under 735 ILCS 5/2-605 unless statutorily mandated, verification is included here as a best practice to deter Rule 137 sanctions and to support evidentiary use of the pleading.

15. SIGNATURE, VERIFICATION, AND CERTIFICATE OF SERVICE

15.1 Signature Block

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], ARDC No. [######]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

15.2 Verification Pursuant to 735 ILCS 5/1-109

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief, and as to such matters the undersigned certifies as aforesaid that [he/she/they] verily believes the same to be true.

[________________________________]

[PLAINTIFF NAME]

Date: [__/__/____]

15.3 Certificate of Service

I hereby certify that on [DATE] I served a true and correct copy of the foregoing Verified Complaint upon the following counsel of record / parties via the Illinois e-Filing system (Odyssey eFileIL) and/or U.S. Mail:

[SERVICE LIST]

[________________________________]

[ATTORNEY NAME]

16. SOURCES AND REFERENCES

• Illinois Human Rights Act, 775 ILCS 5/ — https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64
• 775 ILCS 5/2-101 (Employment definitions) — http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077500050K2-101
• 775 ILCS 5/7A-102 (IDHR procedures) — https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077500050K7A-102
• P.A. 101-0221 (SB 75) — https://www.ilga.gov/legislation/101/SB/10100SB0075lv.htm
• P.A. 103-0890 (SB 3310, 2-year statute of limitations) — https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3310&GAID=17&DocTypeID=SB&LegId=152710&SessionID=112&GA=103
• IDHR — https://dhr.illinois.gov
• Illinois Human Rights Commission — https://hrc.illinois.gov
• Mein v. Masonite Corp., 109 Ill. 2d 1 (1985)
• Maksimovic v. Tsogalis, 177 Ill. 2d 511 (1997)
• Anderson v. Modern Metal Products, 305 Ill. App. 3d 91 (2d Dist. 1999) (IHRA pleading)
• Title VII, 42 U.S.C. § 2000e et seq.
• Civil Rights Act, 42 U.S.C. §§ 1981, 1983, 1988
• Illinois Code of Civil Procedure, 735 ILCS 5/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Illinois must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.