Gays protected against discrimination under Illinois law
Discrimination on the basis of sexual orientation will soon be unlawful in employment, financial services, real estate transactions and public accommodations, as the result of an amendment to the Illinois Human Rights Act.
The General Assembly has passed, and the Governor has signed into law, a bill that will add sexual orientation as additional grounds for unlawful discrimination, effective January 1, 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 will be required to follow the law, despite any religious or philosophical objections.
Several municipalities already have ordinances banning discrimination based on sexual orientation including Bloomington, Carbondale, Champaign, Chicago, Cook County, Decatur, DeKalb, Evanston, LaGrange, Moline, Naperville, Normal, Oak Park, Peoria, Springfield and Urbana.
Employers with 15 or more employees are covered by the new state provision. Relief available to a prevailing complainant includes actual damages, including back pay and benefits, emotional distress, and interest, and an award of attorney's fees and costs, in addition to equitable relief such as re-instatement to employment, and admission to a place of public accommodation, among others.
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.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.