Employment Rights (of people with physical, mental or sensory disabilities) in Illinois: What Do You Need To Know?

The information is provided by Equip for Equality
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In Illinois, your employment rights are protected by the Illinois Human Rights Act. If you work for or interview with an employer that has 15 or more employees, you are also protected by the ADA (Americans with Disabilities Act). Under these laws, employers are not allowed to discriminate against you because of your disability. However, these laws do not guarantee you a job because you have a disability.

Before You Get the Job:

When you apply for a job, an employer can ask you many questions but may not ask about everything.

For example:

• An employer may NOT ask you about your disability
• An employer may NOT ask you about your health
• An employer may NOT ask you about medications
• An employer may NOT ask you if you have been in the hospital

These are BAD questions. Employers may ask you these questions anyway, even though the law says they cannot. You do not have to tell the employer about your disability, health, or medications. Equip for Equality has some suggestions which will help you protect your rights.

• ON THE JOB APPLICATION: If there is a question about your physical or mental abilities, do not answer it! Leave it blank!

• DURING THE JOB INTERVIEW: If an employer asks you a BAD question (or if they want to know why you did not answer a BAD question on the job application), you should say:

“I do not answer questions about things that are private and not related to the job.
I would be happy to discuss my qualifications for this job.”

• DURING THE JOB INTERVIEW: Have you not worked, because of your disability? If an employer wants to know why you did not work for some time, you should say:

“I took time off from work to handle a private family matter.”

This answer may satisfy an employer. Do NOT lie. Lying could result in losing your job. If they ask again, just tell them, “I’m sure that you can understand that some things are private.” Then, talk about why you are qualified for that job!

Physical or Medical Examinations:

The employer can ask you questions about your health and require medical examinations, but only AFTER the employer offers you a job, BEFORE YOU START the job, and only IF IT IS REQUIRED FOR ALL NEW EMPLOYEES. However, the employer CANNOT use any of this information to exclude you from the job if you can do the “essential functions” (important parts) of the job, with or without “reasonable accommodations.”

After You Start the Job:

Do you have to tell your employer about your disability after you start working? NO!
Can your employer ask about your disability after you start working? NO!

When do you tell the employer about your disability?

• You never have to tell the employer about your disability.
• If you need assistance to do your job, then you will need to tell the employer about your disability to get the assistance you need and why your disability requires this assistance. This assistance is called a “reasonable accommodation.” The employer can refuse to give you this assistance only if what you ask for is too expensive or difficult.

If you do need to ask for a reasonable accommodation, do it in writing!

In your letter, ask your employer to respond in writing. If they don’t write back, but agree to provide job accommodations to you, send a “Thank You” letter. This shows that they received your letter, acknowledged your disability, and have agreed to provide job accommodations (list what they have agreed to do). Keep copies of all letters!

DO YOU HAVE A QUESTION?

DO YOU THINK YOU HAVE BEEN DISCRIMINATED AGAINST?

Contact Equip for Equality (all services are free of charge):
1-800-537-2632 (voice) or 1-800-610-2779 (TTY)
contactus@equipforequality.org ● www.equipforequality.org

IF YOU HAVE BEEN DISCRIMINATED AGAINST, DO NOT WAIT!

You must file your complaint within 180 days of the date on which you were discriminated against by an employer (the EEOC gives you 300 days). You do not need a lawyer to file a disability discrimination complaint with either the EEOC (Equal Employment Opportunity Commission) or the IDHR (Illinois Department of Human Rights).

• EEOC’s Illinois office: 312-353-2713 (voice) or 312-353-2421 (TTY)
• IDHR’s Chicago office: 312-814-6200 (voice) or 312-263-1579 (TTY)
• IDHR’s Springfield office: 217-785-5100 (voice) or 217-785-5125 (TTY)

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