Employees in Illinois have strong legal protections against discrimination based on sexual orientation and gender identity. If you were fired, harassed, or treated unfairly at work because of your LGBTQ+ status, you may have legal options to fight back.
This guide explains your rights, the laws that protect you, what counts as discrimination, and how to take action. If you have faced discrimination at work, contact our law firm today to discuss your case.
What Laws Protect LGBTQ+ Employees in Illinois?
Illinois has some of the strongest anti-discrimination laws in the country. Under both state and federal law, employers cannot fire, demote, harass, or refuse to hire someone because of their sexual orientation or gender identity.
Illinois Human Rights Act (IHRA)
- Protects all employees in Illinois, regardless of employer size.
- Covers discrimination based on sexual orientation and gender identity, including being gay, lesbian, bisexual, transgender, or non-binary.
- Applies to hiring, firing, promotions, wages, job assignments, and workplace conditions.
Title VII of the Civil Rights Act of 1964
- Federal law that protects employees nationwide.
- In Bostock v. Clayton County (2020), the Supreme Court ruled that sexual orientation and gender identity discrimination are forms of sex discrimination under Title VII.
- Applies to employers with 15 or more employees.
Chicago and Cook County Ordinances
- Chicago’s Human Rights Ordinance and the Cook County Human Rights Ordinance provide additional local protections.
- Cover smaller employers that may not be covered by federal law.
- Prohibit discrimination in hiring, pay, promotions, and workplace policies.
What Counts as Sexual Orientation or Gender Identity Discrimination?
Discrimination does not always involve outright firing or refusing to hire someone. Many forms of mistreatment count as illegal discrimination, including:
- Firing or demoting someone because they are LGBTQ+
- Refusing to hire someone due to their gender identity or sexual orientation
- Unequal pay or denial of promotions
- Harassment or a hostile work environment, including offensive jokes, slurs, or repeated misgendering
- Dress code discrimination, such as requiring transgender employees to follow dress codes based on their sex assigned at birth
- Retaliation against employees who report discrimination or support LGBTQ+ rights in the workplace
If you have experienced any of these issues, you may have a valid discrimination claim.
What to Do If You Experience LGBTQ+ Discrimination at Work
If you believe your employer has discriminated against you, taking the right steps can help protect your rights and strengthen your case.
1. Document Everything
- Keep records of discriminatory comments, unfair treatment, or policy changes that negatively affect you.
- Save emails, text messages, performance reviews, or witness statements.
2. Report the Discrimination
- File a complaint with your company’s HR department or manager if possible.
- If your employer has an anti-discrimination policy, follow their internal complaint process.
3. File a Legal Complaint
If your employer does not take action or retaliates against you, you can file a formal discrimination complaint with:
- Illinois Department of Human Rights (IDHR) (covers all Illinois employers)
- U.S. Equal Employment Opportunity Commission (EEOC) (for federal claims)
- Chicago Commission on Human Relations (CCHR) (for discrimination in Chicago)
- Cook County Commission on Human Rights (for workplaces in Cook County)
4. Speak to an Attorney
Employment discrimination cases can be complex, and employers often try to justify their actions. An attorney can:
- Help you file your complaint and meet legal deadlines.
- Gather evidence and build a strong case.
- Negotiate a settlement or represent you in an administrative hearing.
What Can You Recover in a Discrimination Case?
If you win your case, you may be entitled to:
- Back pay for lost wages
- Reinstatement if you were fired
- Compensation for emotional distress
- Punitive damages if your employer acted maliciously
- Attorney’s fees and legal costs
Why You Should Take Action Now
Workplace discrimination can have serious consequences, affecting your income, career, and emotional well-being. Illinois law protects you, but you must take action to enforce your rights.
If you believe you have faced discrimination based on sexual orientation or gender identity, contact our law firm today. We can evaluate your case, explain your options, and fight to protect your rights.