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Illinois Expands Employment Statute of Limitations

  • Fox Smith
  • January 13, 2025

Margaret Gentzen, Attorney
Haley Spiewak, Law Clerk

On January 1, 2025, Public Act 103-0973 took effect, extending the statute of limitations for filing a charge of discrimination, harassment, or retaliation with the Illinois Department of Human Rights (IDHR) from 300 days to 2 years from the date of the incident.

The IDHR enforces the Illinois Human Rights Act, which prohibits discrimination, harassment, and retaliation. The new law expands the deadline for filing charges related to discrimination in employment, financial credit, and public services and accommodations, including educational institutions. However, the statute of limitations for housing-related cases remains unchanged; individuals have one year to file a charge with the IDHR or 2 years to file in the circuit court.

Governor JB Pritzker signed the Act into law, with Illinois joining 11 other states with greater protections and redress by the Human Rights Act. However, the statute of limitations for federal employment discrimination claims in Illinois remains unaffected. Lawmakers extended the statute of limitations to help state employees with barriers to filing a claim promptly. Lieutenant Governor Juliana Stratton said, “We recognize that healing is not linear, and extending the statute of limitations reflects our commitment to empowering those seeking accountability and ensuring their voices are heard.”

Illinois employers can likely expect an increase in discrimination cases due to the statute of limitations extension.

If you are an employer that has more questions regarding the statute of limitation extension, contact Fox Smith at 314-588-7000.

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