What To Do If You’re Fired After Reporting Discrimination

June 17 , 2025

Retaliation And Wrongful Termination

As experienced attorneys, we understand how difficult and unsettling it can be to lose your job after reporting workplace discrimination. It’s not only emotionally taxing, but it may also leave you questioning your legal rights and options. Under both federal and Illinois law, wrongful termination, including retaliation after reporting discrimination, is illegal. If you’ve been fired or faced adverse action after standing up against discrimination in the workplace, you may have legal grounds to file a claim.

In this article, we will discuss retaliation and wrongful termination, explain the legal ramifications, and outline the steps you can take to protect your rights. We will also examine the relevant laws that apply to these types of cases and offer advice on what to do if you find yourself in this unfortunate situation.

What Is Retaliation And Wrongful Termination?

Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activity, such as reporting discrimination, harassment, or other unlawful workplace conduct. Wrongful termination refers to being fired in violation of the law or employment agreement. If you were fired after complaining about discrimination, your termination may be deemed wrongful.

Adverse actions include being fired, demoted, denied promotion, reassigned, or subjected to any action that harms your employment status. Federal and Illinois law provide protection to employees who report unlawful discrimination in the workplace.

Relevant Federal Laws Protecting Employees Against Retaliation

Under federal law, retaliation is prohibited by several key statutes:

• Title VII of the Civil Rights Act of 1964 – Title VII prohibits discrimination in employment based on race, color, religion, sex, or national origin. It also protects employees who file complaints of discrimination or participate in investigations regarding discrimination. If you are fired or otherwise retaliated against for reporting discrimination under Title VII, you may have a legal claim for wrongful termination.
• The Age Discrimination in Employment Act (ADEA) – The ADEA protects employees over the age of 40 from discrimination based on age. If you report age discrimination and face retaliation, you are entitled to protection under this law.
• The Americans with Disabilities Act (ADA) – The ADA prohibits discrimination against individuals with disabilities in the workplace. If you report violations of the ADA, such as discrimination based on a disability, retaliation is prohibited under federal law.
• The Family and Medical Leave Act (FMLA) – The FMLA provides eligible employees with job-protected leave for certain medical reasons. Retaliation for taking FMLA leave or reporting a violation of the FMLA is prohibited.

Illinois State Laws On Retaliation And Wrongful Termination

In Illinois, employees are further protected by the Illinois Human Rights Act (IHRA). This law provides comprehensive protections against workplace discrimination based on race, color, religion, sex, sexual orientation, disability, age, and other factors.

The Illinois Whistleblower Act also protects employees who report violations of law. If you report illegal activities in the workplace, including discrimination or harassment, and are retaliated against, this law may apply.

Additionally, Illinois law prohibits discrimination and retaliation for filing claims under the Illinois Wage Payment and Collection Act (IWPCA) and the Illinois Workers’ Compensation Act. If your report involves wage disputes, workplace safety issues, or other concerns, retaliatory actions taken against you can form the basis of a legal claim.

Legal Ramifications of Retaliation and Wrongful Termination

If you have been retaliated against or wrongfully terminated after reporting discrimination, there are serious legal consequences for the employer. The potential legal ramifications include:

• Back Pay and Front Pay – If your wrongful termination claim is successful, you may be entitled to back pay for the wages you lost due to being fired. Front pay may also be awarded if reinstating your position is not feasible.
• Emotional Distress Damages – In some cases, employees who are subjected to wrongful termination due to retaliation may also be entitled to compensation for emotional distress, anxiety, and other non-economic damages.
• Punitive Damages – Employers may be ordered to pay punitive damages if it is found that they acted with malice or gross negligence in retaliating against an employee.
• Reinstatement or Promotion – If the court finds in your favor, it may order your reinstatement to the previous position or a promotion if that is appropriate.

Steps to Take If You’re Fired After Reporting Discrimination

If you have been fired or retaliated against after reporting discrimination, here are the steps you should take:

1. Document Everything – Keep detailed records of all communications, including emails, memos, or verbal conversations, related to your complaint. Document any adverse actions that followed your report.
2. Report the Retaliation – If you haven’t already, report the retaliation to your employer’s human resources department or to the appropriate governmental agency.
3. File a Complaint with the Equal Employment Opportunity Commission (EEOC) – The EEOC is responsible for investigating claims of discrimination and retaliation under federal law. You must file a complaint with the EEOC before pursuing a lawsuit.
4. Consult with an Experienced Employment Attorney – An experienced attorney specializing in retaliatory discharge and wrongful termination cases can assess your situation and help you determine your legal options. They can also represent you during the EEOC process or in court if necessary.
5. File a Lawsuit – If your case is not resolved through the EEOC or other agency, your attorney can help you file a lawsuit in federal or state court, depending on the laws that apply to your case.

Key Defenses Employers May Use

Employers may attempt to defend against retaliation claims by asserting several defenses:

• Legitimate, Non-Retaliatory Reasons – Employers may argue that the termination or adverse action was based on legitimate reasons unrelated to your report of discrimination, such as performance issues or business necessity.
• At-Will Employment – Illinois is an “at-will” employment state, meaning an employer can generally fire an employee for any reason, as long as the reason is not illegal. However, retaliation for reporting discrimination is one of the exceptions to the at-will doctrine.
• Lack of Evidence – Employers may claim that there is insufficient evidence to support your claim of retaliation or that the adverse action taken was not in response to your report.

Common Questions About Retaliation And Wrongful Termination

What Should I Do If I Think I’ve Been Fired For Reporting Discrimination?

The first step is to document all interactions related to the complaint and the termination. Then, file a complaint with the EEOC or the Illinois Department of Human Rights. Consulting with an experienced attorney is essential to help you navigate the legal process.

Can I Sue My Employer For Wrongful Termination In Illinois?

Yes. Illinois employees can file wrongful termination claims if they are fired for illegal reasons, including retaliation for reporting discrimination. You may be entitled to back pay, reinstatement, or other damages if your claim is successful.

How Long Do I Have To File A Claim For Wrongful Termination Or Retaliation?

Under federal law, you generally have 180 days from the date of the retaliation or wrongful termination to file a complaint with the EEOC. In Illinois, the deadline may be extended to 300 days, depending on the specific statute that applies.

Can My Employer Fire Me For Reporting Discrimination?

No. Federal and Illinois law prohibit employers from firing employees for reporting discrimination or participating in discrimination investigations. If you were fired for this reason, you may have grounds for a wrongful termination claim.

What Damages Can I Recover If I Win A Wrongful Termination Case?

You may be entitled to back pay, front pay, emotional distress damages, and, in some cases, punitive damages. Your attorney can help determine the appropriate compensation based on the facts of your case.

Contact The Law Office Of Michael T. Smith & Associates For A Free Case Review 

If you have been wrongfully terminated or retaliated against for reporting discrimination, you do not have to face this situation alone. The Law Office of Michael T. Smith & Associates is here to help. We have years of experience handling retaliation and wrongful termination cases for clients throughout Chicago and Illinois. To receive your free consultation, contact our Chicago employment law attorney at the Law Office of Michael T. Smith & Associates at (847) 450-1103. Let us fight for your rights and work to secure the justice you deserve.

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