Illinois law makes discrimination against gays unlawful
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. The amendment to the law became effective on January 1, 2006.
The Illinois Human Rights Act had 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.
Under the statute, employers may not discriminate against someone based on sexual orientation despite their religious or philosophical objections. The 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.
The provision in the law applies to employers with 15 or more employees. Relief is available to a prevailing complainant that 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.
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
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