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Illinois Compiled Statutes

775 ILCS 5/2-101 (2026)

Definitions

✓ current as of May 2026
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(775 ILCS 5/2-101)
    Sec. 2-101. Definitions. The following definitions are applicable strictly in the context of this Article.
    (A) Employee.
        (1) "Employee" includes:
            (a) Any individual performing services for
        
remuneration within this State for an employer;
            (b) An apprentice;
            (c) An applicant for any apprenticeship.
        For purposes of subsection (D) of Section 2-102 of
    
this Act, "employee" also includes an unpaid intern. An unpaid intern is a person who performs work for an employer under the following circumstances:
            (i) the employer is not committed to hiring the
        
person performing the work at the conclusion of the intern's tenure;
            (ii) the employer and the person performing the
        
work agree that the person is not entitled to wages for the work performed; and
            (iii) the work performed:
                (I) supplements training given in an
            
educational environment that may enhance the employability of the intern;
                (II) provides experience for the benefit of
            
the person performing the work;
                (III) does not displace regular employees;
                (IV) is performed under the close supervision
            
of existing staff; and
                (V) provides no immediate advantage to the
            
employer providing the training and may occasionally impede the operations of the employer.
        (2) "Employee" does not include:
            (a) (Blank);
            (b) Individuals employed by persons who are not
        
"employers" as defined by this Act;
            (c) Elected public officials or the members of
        
their immediate personal staffs;
            (d) Principal administrative officers of the
        
State or of any political subdivision, municipal corporation or other governmental unit or agency;
            (e) A person in a vocational rehabilitation
        
facility certified under federal law who has been designated an evaluee, trainee, or work activity client.
    (B) Employer.
        (1) "Employer" includes:
            (a) Any person employing one or more employees
        
within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation;
            (b) Any person employing one or more employees
        
when a complainant alleges civil rights violation due to unlawful discrimination based upon his or her physical or mental disability unrelated to ability, pregnancy, or sexual harassment;
            (c) The State and any political subdivision,
        
municipal corporation or other governmental unit or agency, without regard to the number of employees;
            (d) Any party to a public contract without regard
        
to the number of employees;
            (e) A joint apprenticeship or training committee
        
without regard to the number of employees.
        (2) "Employer" does not include any place of worship,
    
religious corporation, association, educational institution, society, or nonprofit nursing institution conducted by and for those who rely upon treatment by prayer through spiritual means in accordance with the tenets of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such place of worship, corporation, association, educational institution, society, or nonprofit nursing institution of its activities.
    (C) Employment Agency. "Employment Agency" includes both public and private employment agencies and any person, labor organization, or labor union having a hiring hall or hiring office regularly undertaking, with or without compensation, to procure opportunities to work or to procure, recruit, refer, or place employees.
    (D) Labor Organization. "Labor Organization" includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the rights of union labor which is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships.
    (E) Sexual Harassment. "Sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
    For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties.
    (E-1) Harassment. "Harassment" means any unwelcome conduct on the basis of an individual's actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, citizenship status, work authorization status, or family responsibilities that has the purpose or effect of substantially interfering with the individual's work performance or creating an intimidating, hostile, or offensive working environment. For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties.
    (F) Religion. "Religion" with respect to employers includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.
    (G) Public Employer. "Public employer" means the State, an agency or department thereof, unit of local government, school district, instrumentality or political subdivision.
    (H) Public Employee. "Public employee" means an employee of the State, agency or department thereof, unit of local government, school district, instrumentality or political subdivision. "Public employee" does not include public officers or employees of the General Assembly or agencies thereof.
    (I) Public Officer. "Public officer" means a person who is elected to office pursuant to the Constitution or a statute or ordinance, or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by the Constitution or a statute or ordinance, to discharge a public duty for the State, agency or department thereof, unit of local government, school district, instrumentality or political subdivision.
    (J) Eligible Bidder. "Eligible bidder" means a person who, prior to contract award or prior to bid opening for State contracts for construction or construction-related services, has filed with the Department a properly completed, sworn and currently valid employer report form, pursuant to the Department's regulations. The provisions of this Article relating to eligible bidders apply only to bids on contracts with the State and its departments, agencies, boards, and commissions, and the provisions do not apply to bids on contracts with units of local government or school districts.
    (K) Citizenship Status. "Citizenship status" means the status of being:
        (1) a born U.S. citizen;
        (2) a naturalized U.S. citizen;
        (3) a U.S. national; or
        (4) a person born outside the United States and not a
    
U.S. citizen who is lawfully present and who is protected from discrimination under the provisions of Section 1324b of Title 8 of the United States Code, as now or hereafter amended.
    (L) Work Authorization Status. "Work authorization status" means the status of being a person born outside of the United States, and not a U.S. citizen, who is authorized by the federal government to work in the United States.
    (M) Family Responsibilities. "Family responsibilities" means an employee's actual or perceived provision of personal care to a family member. As used in this definition:
        (1) "Personal care" has the meaning given to that
    
term in the Employee Sick Leave Act.
        (2) "Family member" has the meaning given to the term
    
"covered family member" in the Employee Sick Leave Act.
    (N) Artificial Intelligence. "Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.
    (O) Generative Artificial Intelligence. "Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means.
(Source: P.A. 103-797, eff. 1-1-25; 103-804, eff. 1-1-26; 104-417, eff. 8-15-25.)

    
Notes of Decisions
Cited in 77 cases (31 in the last 5 years), 1994–2026 · leading case: Rozsavolgyi v. The City of Aurora, 2017 IL 121048 (Ill. 2017).
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Rozsavolgyi v. The City of Aurora, 2017 IL 121048 (Ill. 2017). · cites it 3× “775 ILCS 5/2-101 (West 2014). Answering the third certified question as framed would necessarily bear on situations not *171 before this court and would therefore result in an advisory opinion.”
Sangamon Cnty. Sheriff's Dep't v. Illinois Human Rights Comm'n, 908 N.E.2d 39 (Ill. 2009). · cites it 3× “" 775 ILCS 5/2-101(E) (West 1998). The facts in the case at bar—the close proximity of Feleccia's and Yanor's offices; Yanor's access to Feleccia's desk and the office mail system; his awareness of her working hours; and their common acquaintances with other…”
Joselito Vitug v. Multistate Tax Comm'n, Dan R. Bucks, as Exec. Dir., Les Koenig, as Dir. of Audit, 88 F.3d 506 (7th Cir. 1996). · cites it 3× “775 ILCS 5/2-101(B)(1). Multistate does not employ fifteen or more persons in Illinois (a fact admitted by Vitug in his IDHR filing), and thus the IDHR referred Vitug’s charge to the Equal Employment Opportunity Commission (the “EEOC”) on May 17, 1992.”
Rozsavolgyi v. The City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). · cites it 4× “olitical subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees” (775 ILCS 5/2-101(B)(1)(c) (West 2014)); and (2) any “person” (defined to include “the State of Illinois and its instrumentalities, political…”
Andrew Dunlevy v. James Langfelder, 52 F.4th 349 (7th Cir. 2022). “§ 1983 ) against Langfelder and an Illinois Human Rights Act claim (under 775 ILCS 5/2-101) and a Title VII 4 No. 21-3098 claim (under 42 U.”
Kreczko v. Triangle Package Mach. Co., 2016 IL App (1st) 151762 (Ill. App. Ct. 2016). · cites it 2× “¶2 On appeal, Kreczko argues that genuine issues of material fact exist as to whether Triangle fired him due to his age and disability in violation of the Illinois Human Rights Act (Act) (775 ILCS 5/2-101 et seq. (West 2014)). Kreczko also contends the trial court should have…”
Kozlowski v. Greenridge Farm, Inc., 338 F. Supp. 3d 828 (E.D. Ill. 2018). · cites it 2× “" 775 ILCS 5/2-101(B)(1)(a). Kozlowski contends that the definition of "employer" in Section 2-101(B)(1)(b) governs.”
Martinez v. Nw. Univ., 173 F. Supp. 3d 777 (N.D. Ill. 2016). “Gettleman, United States District Judge Plaintiff Haydee Martinez filed a six-count complaint, alleging that her employer, defendant Northwestern University (“Northwestern”), violated the Illinois Human Rights Act (“IHRA”), 775 ILCS 5/2-101 et seq., by harassing her on the basis…”
Jenkins v. Lustig, 820 N.E.2d 1181 (Ill. App. Ct. 2004). · cites it 2× “See 775 ILCS 5/2-101(E) (West 2000). The acts that occurred both before and after the 180-day filing requirement involved the same employer, were committed by the same person, occurred in similar settings, and continued with relative frequency from August to December 2000.”
Zoepfel-Thuline v. Black Hawk Coll., 2019 IL App (3d) 180524 (Ill. App. Ct. 2019). “” 775 ILCS 5/2-101(E) (West 2014). ¶ 34 The United States Supreme Court has held that sexual harassment is actionable if it is “sufficiently severe or pervasive,” such that it alters the employee’s employment conditions and creates an abusive work environment.”
Rozsavolgyi v. City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). · cites it 4× “ined to include “the State of Illinois and its instrumentalities, political subdivisions, [and] units of local government” (775 ILCS 5/1-103(L) (West 2014))) “employing one or more employees when a complainant alleges civil rights violation due to unlawful discrimination based…”
Demkovich v. St. Andrew the Apostle Par., 343 F. Supp. 3d 772 (E.D. Ill. 2018). “; the Illinois Human Rights Act, 775 ILCS 5/2-101 et seq. ; and the Cook County Human Rights Ordinance, Cook County, Ill.”
Show all 77 citing cases →
— 775 ILCS 5/2-101(A) — 3 cases
Woods v. Illinois Human Rights Comm'n, 2024 IL App (1st) 232347-U (Ill. App. Ct. 2024).
Lalvani v. Illinois Human Rights Comm'n (Ill. App. Ct. 2001).
Sangamon Cnty. Sheriff's Dep't v. State of Illinois Human Rights Comm'n (Ill. App. Ct. 2007).
— 775 ILCS 5/2-101(B)(1) — 3 cases
Joselito Vitug v. Multistate Tax Comm'n, Dan R. Bucks, as Exec. Dir., Les Koenig, as Dir. of Audit, 88 F.3d 506 (7th Cir. 1996). “775 ILCS 5/2-101(B)(1). Multistate does not employ fifteen or more persons in Illinois (a fact admitted by Vitug in his IDHR filing), and thus the IDHR referred Vitug’s charge to the Equal Employment Opportunity Commission (the “EEOC”) on May 17, 1992.”
Vitug v. Multistate Tax Comm'n, 860 F. Supp. 546 (N.D. Ill. 1994).
Bryant v. SPARC (C.D. Ill. 2023).
— 775 ILCS 5/2-101(B)(1)(a) — 6 cases
Kozlowski v. Greenridge Farm, Inc., 338 F. Supp. 3d 828 (E.D. Ill. 2018). “" 775 ILCS 5/2-101(B)(1)(a). Kozlowski contends that the definition of "employer" in Section 2-101(B)(1)(b) governs.”
Rumbolt v. Human Rights Comm'n, 2020 IL App (1st) 191997-U (Ill. App. Ct. 2020).
Betts v. Option Care Enter., Inc. (N.D. Ill. 2019).
Beninato v. Human Rights Comm'n, 2021 IL App (1st) 201125-U (Ill. App. Ct. 2021).
Dana Tank Container, Inc. v. Human Rights Comm'n (Ill. App. Ct. 1997).
— 775 ILCS 5/2-101(B)(1)(b) — 4 cases
Kozlowski v. Greenridge Farm, Inc., 338 F. Supp. 3d 828 (E.D. Ill. 2018). “" 775 ILCS 5/2-101(B)(1)(a). Kozlowski contends that the definition of "employer" in Section 2-101(B)(1)(b) governs.”
Rozsavolgyi v. City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “ined to include “the State of Illinois and its instrumentalities, political subdivisions, [and] units of local government” (775 ILCS 5/1-103(L) (West 2014))) “employing one or more employees when a complainant alleges civil rights violation due to unlawful discrimination based…”
Kozlowski v. Greenridge Farm, Inc. (N.D. Ill. 2018).
Sangamon Cnty. Sheriff's Dep't v. State of Illinois Human Rights Comm'n (Ill. App. Ct. 2007).
— 775 ILCS 5/2-101(B)(1)(c) — 6 cases
Rozsavolgyi v. The City of Aurora, 2017 IL 121048 (Ill. 2017). “775 ILCS 5/2-101 (West 2014). Answering the third certified question as framed would necessarily bear on situations not *171 before this court and would therefore result in an advisory opinion.”
Brewer v. Bd. of Trs. of Univ. Of Ill., 791 N.E.2d 657 (Ill. App. Ct. 2003).
Lynch v. Dep't of Transp., 2012 IL App (4th) 111040 (Ill. App. Ct. 2012).
Rozsavolgyi v. The City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “olitical subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees” (775 ILCS 5/2-101(B)(1)(c) (West 2014)); and (2) any “person” (defined to include “the State of Illinois and its instrumentalities, political…”
Rozsavolgyi v. City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “ined to include “the State of Illinois and its instrumentalities, political subdivisions, [and] units of local government” (775 ILCS 5/1-103(L) (West 2014))) “employing one or more employees when a complainant alleges civil rights violation due to unlawful discrimination based…”
— 775 ILCS 5/2-101(B)(1)(d) — 2 cases
Joselito Vitug v. Multistate Tax Comm'n, Dan R. Bucks, as Exec. Dir., Les Koenig, as Dir. of Audit, 88 F.3d 506 (7th Cir. 1996). “775 ILCS 5/2-101(B)(1). Multistate does not employ fifteen or more persons in Illinois (a fact admitted by Vitug in his IDHR filing), and thus the IDHR referred Vitug’s charge to the Equal Employment Opportunity Commission (the “EEOC”) on May 17, 1992.”
Rumbolt v. Human Rights Comm'n, 2020 IL App (1st) 191997-U (Ill. App. Ct. 2020).
— 775 ILCS 5/2-101(B)(l) — 1 case
Joselito Vitug v. Multistate Tax Comm'n, Dan R. Bucks, as Exec. Dir., Les Koenig, as Dir. of Audit, 88 F.3d 506 (7th Cir. 1996). “775 ILCS 5/2-101(B)(1). Multistate does not employ fifteen or more persons in Illinois (a fact admitted by Vitug in his IDHR filing), and thus the IDHR referred Vitug’s charge to the Equal Employment Opportunity Commission (the “EEOC”) on May 17, 1992.”
— 775 ILCS 5/2-101(E) — 12 cases
Sangamon Cnty. Sheriff's Dep't v. Illinois Human Rights Comm'n, 908 N.E.2d 39 (Ill. 2009). “" 775 ILCS 5/2-101(E) (West 1998). The facts in the case at bar—the close proximity of Feleccia's and Yanor's offices; Yanor's access to Feleccia's desk and the office mail system; his awareness of her working hours; and their common acquaintances with other…”
Jenkins v. Lustig, 820 N.E.2d 1181 (Ill. App. Ct. 2004). “See 775 ILCS 5/2-101(E) (West 2000). The acts that occurred both before and after the 180-day filing requirement involved the same employer, were committed by the same person, occurred in similar settings, and continued with relative frequency from August to December 2000.”
Zoepfel-Thuline v. Black Hawk Coll., 2019 IL App (3d) 180524 (Ill. App. Ct. 2019). “” 775 ILCS 5/2-101(E) (West 2014). ¶ 34 The United States Supreme Court has held that sexual harassment is actionable if it is “sufficiently severe or pervasive,” such that it alters the employee’s employment conditions and creates an abusive work environment.”
Jones v. Lockard, 956 N.E.2d 623 (Ill. App. Ct. 2011).
Rozsavolgyi v. The City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “olitical subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees” (775 ILCS 5/2-101(B)(1)(c) (West 2014)); and (2) any “person” (defined to include “the State of Illinois and its instrumentalities, political…”
— 775 ILCS 5/2-101(E)(3) — 3 cases
Thomas v. L'Eggs Prods., Inc., 13 F. Supp. 2d 806 (C.D. Ill. 1998).
Compton v. Chinn Enter., Inc., 936 F. Supp. 480 (N.D. Ill. 1996).
Webb v. Lustig (Ill. App. Ct. 1998).
— 775 ILCS 5/2-101(F) — 5 cases
Rozsavolgyi v. The City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “olitical subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees” (775 ILCS 5/2-101(B)(1)(c) (West 2014)); and (2) any “person” (defined to include “the State of Illinois and its instrumentalities, political…”
Robinson v. Vill. of Oak Park, 2013 IL App (1st) 121220 (Ill. App. Ct. 2013).
Rozsavolgyi v. City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “ined to include “the State of Illinois and its instrumentalities, political subdivisions, [and] units of local government” (775 ILCS 5/1-103(L) (West 2014))) “employing one or more employees when a complainant alleges civil rights violation due to unlawful discrimination based…”
Mann v. Hospice of S. Illinois Inc (S.D. Ill. 2024).
Schoff v. Illinois Human Rights Comm'n, 2025 IL App (1st) 250148-U (Ill. App. Ct. 2025).
— 775 ILCS 5/2-101(K) — 4 cases
Matias Cruz v. Human Rights Comm'n, 2026 IL App (1st) 240938-U (Ill. App. Ct. 2026).
Matias Cruz v. Human Rights Comm'n, 2026 IL App (1st) 240973-U (Ill. App. Ct. 2026).
Cruz v. Illinois Human Rights Comm'n, 2025 IL App (1st) 240651-U (Ill. App. Ct. 2025).
Cruz v. Illinois Human Rights Comm'n, 2026 IL App (1st) 241718-U (Ill. App. Ct. 2026).
— 775 ILCS 5/2-101(c) — 1 case
Venegas v. Aerotek, Inc., 171 F. Supp. 3d 765 (N.D. Ill. 2016).
— 775 ILCS 5/2-101(d) — 1 case
Bremen Cmty. High Sch. Dist. No. 228 v. The Cook Cnty. Comm'n on Human Rights, 2012 IL App (1st) 112177 (Ill. App. Ct. 2012).
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