Discrimination doesn’t just happen at work – it can also happen when you’re simply trying to shop, eat at a restaurant, stay at a hotel, or access public services. This is known as public accommodations discrimination, and it’s illegal in Illinois. If you’ve been treated unfairly in a business or public space because of who you are, you have rights. This guide explains what public accommodations discrimination is, provides real-life examples, and shows you how to take action if it happens to you.
What Is Public Accommodations Discrimination?
Public accommodations discrimination happens when a business or public place treats someone unfairly because of characteristics like their race, religion, gender, disability, sexual orientation, or national origin. Under the Illinois Human Rights Act, businesses and public facilities cannot refuse service, deny access, or provide unequal treatment based on these protected traits.
Examples of public accommodations include:
- Restaurants, bars, and cafes
- Hotels, motels, and inns
- Stores, malls, and markets
- Gyms and fitness centers
- Theaters, museums, and concert venues
- Public parks, libraries, and schools
- Medical offices and hospitals
- Transportation services (like buses, taxis, or ride-shares)
Real-Life Examples of Public Accommodations Discrimination
Understanding what counts as discrimination can be tricky. Here are some clear examples:
- Race-Based Discrimination: A restaurant refuses to seat a Black family while allowing white customers to be seated immediately, even though tables are available.
- Religious Discrimination: A hotel denies service to a woman wearing a hijab, claiming it’s against their “dress code.”
- Disability Discrimination: A movie theater refuses to accommodate a person in a wheelchair by not providing accessible seating.
- Gender Discrimination: A nightclub denies entry to men but allows women in for free, not as part of a promotional event but as a regular policy.
- Sexual Orientation Discrimination: A bakery refuses to make a wedding cake for a same-sex couple because of the owner’s personal beliefs.
- National Origin Discrimination: A taxi driver refuses to pick up passengers who appear to be from the Middle East.
- Age Discrimination: A store refuses to serve senior citizens, claiming it’s “too much of a hassle.”
What Protections Does the Law Provide?
In Illinois, the Illinois Human Rights Act protects you from discrimination in places of public accommodation. The law covers discrimination based on:
- Race
- Color
- Religion
- National origin
- Ancestry
- Sex (including pregnancy and breastfeeding)
- Sexual orientation (including gender identity)
- Marital status
- Disability (physical and mental)
- Military status
- Age (in certain circumstances)
It’s illegal for businesses or public facilities to:
- Deny service or entry based on a protected characteristic
- Offer unequal services or charge different prices
- Harass or intimidate you because of who you are
- Set policies that have the effect of excluding people based on protected traits
How to Prove Public Accommodations Discrimination
Proving discrimination can be challenging, but the following types of evidence can strengthen your case:
- Direct Evidence: Written or verbal statements that clearly show bias, such as, “We don’t serve people like you here.”
- Comparative Evidence: Showing that others in similar situations were treated differently. For example, you were denied service, but someone of a different race was served without issue.
- Patterns of Discrimination: Evidence that the business has a history of similar complaints or discriminatory practices.
- Documentation: Save receipts, emails, voicemails, photos, or videos that can support your claim.
- Witness Testimony: Statements from people who saw or heard what happened.
What Should You Do If You Experience Discrimination?
If you believe you’ve been discriminated against in a public place, here’s what you should do:
- Stay Calm and Gather Information: Write down details immediately, including the date, time, location, names of people involved, and exactly what happened.
- Collect Evidence: Take photos or videos if possible. Save receipts, emails, or any communication related to the incident.
- Identify Witnesses: Get contact information for anyone who saw what happened.
- File an Internal Complaint (if applicable): If the discrimination occurred at a large business (like a chain restaurant or store), consider filing a complaint with the corporate office.
- Consult an Attorney: A lawyer can help you understand your rights, gather evidence, and guide you through the process of filing a formal complaint or lawsuit.
- File a Complaint with the Illinois Department of Human Rights (IDHR): You have a limited amount of time from the date of the incident to file a complaint.
How Does the Legal Process Work?
- Initial Consultation: Contact an attorney to discuss your case. They’ll evaluate the situation, review your evidence, and explain your options.
- Filing a Complaint: Your attorney can help you file a complaint with the IDHR. The agency will investigate the claim and may attempt to mediate a resolution.
- Investigation: The IDHR will gather evidence, interview witnesses, and review documents.
- Finding: The IDHR will issue a determination. If discrimination is found, they may recommend remedies.
- Legal Action: If the issue isn’t resolved, you may be able to file a lawsuit in state court.
- Settlement or Trial: Many cases settle out of court, but some proceed to trial, where a judge or jury will decide the outcome.
What Remedies Are Available?
If your case is successful, you may be entitled to:
- Compensatory Damages: For emotional distress, humiliation, or inconvenience.
- Out-of-Pocket Expenses: Reimbursement for costs related to the discrimination.
- Punitive Damages: In cases of extreme misconduct, to punish the wrongdoer.
- Policy Changes: Requiring the business to change its discriminatory practices.
- Attorney’s Fees and Costs: The business may be ordered to pay your legal fees.
Why You Should Contact an Attorney
Public accommodations discrimination cases can be complex. Businesses often deny wrongdoing, and proving discrimination requires a strategic approach. An experienced attorney can:
- Help you gather strong evidence
- Navigate the legal process
- Negotiate with businesses or government agencies
- Represent you in court if necessary
If you believe you’ve been the victim of discrimination in a public place in Illinois, don’t wait. Contact our firm today for a confidential consultation. We’ll fight to protect your rights and help you get the justice you deserve.