Employment discrimination based on sexual orientation and gender identity is illegal in Illinois. As an employee in Chicago, you are entitled to work in an environment free from harassment or discrimination because of who you are or whom you love. Federal law, including Title VII of the Civil Rights Act and state laws like the Illinois Human Rights Act(775 ILCS 5), have created protections that hold your employer accountable should your rights be violated in these areas.
Under the Illinois Human Rights Act, sexual orientation and gender identity are protected classes. They prohibit employers from making employment decisions—whether it be over hiring, firing, promotions, or wages—based on an individual’s sexual orientation or gender identity. When you are treated poorly at work, it is valuable to understand your legal options.
The law covers everything from egregious acts of discrimination to the more subtle forms of mistreatment, such as being passed over for promotions and excluded from key projects because of their sexual orientation or gender identity. These behaviors are illegal under Illinois law and may serve as a basis for a claim of discrimination.
Federal law also extends significant protections. In 2020, the U.S. Supreme Court, in Bostock v. Clayton County, ruled that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation or gender identity. With this ruling, millions of employees across the country will have substantial clarity that sexual orientation and gender identity are protected under the prohibition against sex discrimination in Title VII.
If your employer discriminates against you based on sexual orientation or gender identity, you may file a claim with the IDHR or the EEOC. Both agencies investigate claims of discrimination, and depending on your case, you may be entitled to compensation, including lost wages, emotional distress, and even punitive damages.
Another critical factor in Illinois is that no employer can allow a hostile work environment based on sexual orientation or gender identity. For instance, a hostile work environment is when offensive comments, jokes, and other such behavior regarding your sexual orientation or gender identity interfere with the performance of your job duties. According to law, employers have a duty of care through reasonable steps to prevent and repel such harassment. If the employer fails to take action on such issues, if reported, they can be found liable for discrimination.
Some of the key steps to take in case one is experiencing discrimination or harassment at work include:
1. Document Everything – Keep detailed records of discriminatory behavior, including the dates, times, and names of individuals involved.
2. Report the Problem – When at all possible, report the problem to your supervisor or HR department. Do this in writing to ensure there is a documented record of your complaint.
3. Consult with Our Attorneys – It is very important to speak with an attorney knowledgeable about sexual orientation and gender identity discrimination. They can help you decide if you have a claim and assist you in taking the first step of filing a charge with IDHR or EEOC.
4. Filing a Claim – If you feel that you have been subjected to discrimination, you may file a charge through the IDHR or the EEOC. These agencies will then investigate the circumstance and determine whether litigation is warranted.
So, first of all, if you think you have been discriminated against, write everything down carefully: the dates, the names, and what exactly was done or said that made you feel you are targeted for discriminatory reasons. You need to report it to your employer in those cases when it is safe to do so and then see an attorney.
The protections under federal and Illinois state law complement each other. In 2020, the U.S. The Supreme Court ruled that sexual orientation and gender identity discrimination are forms of sex discrimination under Title VII of the Civil Rights Act of 1964. Illinois has had explicit protections for sexual orientation and gender identity for much longer under the Illinois Human Rights Act. This state law often provides broader coverage, covering smaller employers who are not covered under federal law.
A hostile work environment involves offensive behavior, comments, or jokes about your sexual orientation or gender identity that create an intimidating or abusive work atmosphere. This may include comments, slurs, or repeated jokes that are supposed to be funny but, in fact, make you uncomfortable. If such conduct impairs your ability to work and your employer does nothing to put a stop to it, you might have a legal cause of action.
No. Both Illinois state law and federal law prohibit employers from firing employees because of their sexual orientation or gender identity. If your employer has terminated your employment because of your sexual orientation or gender identity, then this is illegal, and you may be entitled to compensation.
You usually have 180 days from the date of the discriminatory action. You may have up to 300 days if filing under federal law with the Equal Employment Opportunity Commission. However, it’s best to act quickly because these deadlines can vary depending on the specifics of your case.
You may be entitled to a range of damages upon winning your case. These include but are not limited to lost wages, back pay, compensation for emotional distress, and, in certain instances, punitive damages meant to punish the employer for that which was most egregious on their part. You might get reinstated with your position; it depends upon the nature of your case.
Yes, discrimination can still occur even if you haven’t disclosed your sexual orientation or gender identity. Sometimes, employers or coworkers may make assumptions based on your appearance, mannerisms, or other factors. Regardless of whether you have disclosed your identity, discriminatory treatment based on perceived sexual orientation or gender identity is still illegal.
If you have reported discrimination or harassment to your employer and your employer has not taken appropriate action, you should seek the advice of an attorney. An attorney can help you determine whether your employer has violated the law by failing to address your concerns and can help you file a charge with the IDHR or EEOC.
Yes. The Human Rights Act has been deemed to apply to employers with one or more employees. That puts small businesses into the mix of having to follow anti-discrimination laws. That is an important distinction, because not all federal laws have the same criteria for which employers are covered.
Discrimination based on sexual orientation or gender identity is unacceptable. If you have ever been subjected to this in the workplace, you are entitled to legal protection for your rights. North Suburban Legal Services will stand by your side. If you need help, contact our Chicago sexual orientation discrimination attorney at North Suburban Legal Services by calling 312-909-6089 to receive your free consultation and discussion of options. Whether you work in Chicago or its surrounding areas of DuPage, Kane, and Will Counties, we make sure your workplace rights are treated fairly.