Discrimination on the basis of sexual orientation is unlawful in employment, financial services, real estate transactions and public accommodations, as the result of an amendment to the Illinois Human Rights Act effective in January of 2006.

The statute has long prohibited discrimination on the basis of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap and military status in the contexts of employment, real estate transactions, financial credit and public accommodations.

Employers are required to follow the law, despite any religious or philosophical objections. Employers with 15 or more employees are covered by the state provision. A complainant may be compensated for:

• Actual damages, including back pay and benefits
• Emotional distress, and interest
• Attorney's fees and costs
• Equitable relief such as re-instatement to employment, and admission to a place of public accommodation

The statutory amendment defines "sexual orientation" as "actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person's sex at birth." The amendment provides that "sexual orientation" does not include a physical or sexual attraction to a minor by an adult."

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.