Discrimination based on sexual orientation or gender identity is usually illegal. There are laws that protect people who identify as LGBTQ+. This article explains some rights and protections that LGBTQ+ Illinoisans . LGBTQ+ includes people who identify as:

• Lesbian,
• Gay,
• Bisexual,
• Transgender,
• Queer, or
• Questioning.

Note: This is not a complete list. There are many other sexual orientation and gender identity categories that fall under LGBTQ+. 

The Illinois Human Rights Act prohibits unfair treatment based on sexual orientation. It also prohibits unfair treatment based gender identity. The Act further prohibits retaliation against a person who files a discrimination claim.

The Civil Rights Act of 1964 prohibits discrimination based on sex. In 2020, the Supreme Court decided a case called Bostock v. Clayton County. The Court defined "sex" to include both sexual orientation and gender identity. Employers can't discriminate against you for being transgender or gay. Such discrimination is now illegal.

Discrimination in the workplace

If you have been treated unfairly at work, you can file a complaint with the Illinois Department of Human Rights (IDHR). As of July 2020, you can also file a complaint with the EEOC. Employers can't treat you unfairly based on your sexual orientation or gender identity. It is illegal.

Some employers have anti-discrimination policies. These provide extra protection. You can ask your HR department for a copy of these policies. Union members may also have protections under the collective bargaining agreement with their employer.

Your city or county may have a human rights commission that handles discrimination complaints. Find out if you have a local human rights commission. 

Discrimination in housing

Housing providers cannot discriminate against you because you are LGBTQ+. This includes landlords. They also can't discriminate against you if you have HIV/AIDS. Examples of housing discrimination include: 

• Refusing to let you rent an apartment,
• Putting terms in a lease that don’t apply to other renters, or
• Not letting you use certain building facilities. 

Also, lenders cannot deny you a federally-insured mortgage because you are LGBTQ+. This video on fair housing for LGBTQ persons provides more details about housing discrimination.

Get help with filing a housing discrimination complaint. 

Discrimination in public spaces

Illinois does not allow discrimination in public places like restaurants, movie theaters, and parks. If you or your child are treated unfairly in a public place, you can report it to the IDHR.

Rights at school

As of July 1, 2020, Illinois public schools have new requirements. They are now required to include LGBTQ+ persons in history lessons and textbooks. Schools are also required to protect students from discrimination. This includes bullying someone for being gay or transgender. 

Marriage rights

Same-sex marriage is legal in Illinois. The law treats same-sex married couples the same as other married couples. Same-sex married couples must be treated the same as other married couples by law.

If you change your name during your marriage, you may get a new marriage certificate from the county clerk.

Family rights

LGBTQ+ couples can legally adopt children in Illinois. However, parental rights in LGBTQ+ relationships can be complicated.

Protection from sexual violence

Gender violence is a violent act or threat committed because of a person’s sex. If you are a victim of sexual assault or domestic violence, you have certain rights. For example, you may be able to transfer schools, get an order of protection, or break your lease. It does not matter if your abuser is the same gender as you. Learn more about actions you can take as a victim of gender violence.

Police interaction

The police are supposed to treat transgender persons with dignity. You have rights while in police custody. For example, you can request to have a person of your chosen gender present during pat-down searches and transport. Learn more by watching this video about when transgender people are alone with the police.

Changing the gender on a [no-lexicon] birth certificate [/no-lexicon]

People who have undergone gender transition treatment can request to change the sex on their birth certificate. Learn more about how to change the gender marker on a birth certificate.

HIV/AIDS

The law protects you from unfair treatment if you are living with HIV or AIDS. Learn more about:

• HIV in the workplace
• HIV and insurance
• HIV testing and pregnancy
• HIV and confidentiality

Deportation

There are some protections for immigrants who identify as LGBTQ+. These also apply to those living with HIV/AIDS. If deportation is a concern for you, you can contact the National Immigrant Justice Center for help.

Other resources

There are resources available for LGBTQ+ youth in the Chicago area. 

If you are in need of LGBTQ+ affirming shelter, the Night Ministry is a safe shelter. Their phone number is 877-286-2523. The Night Ministry is located at 1735 North Ashland Avenue, Suite 2000, Chicago, IL 60622. Their email address is [email protected].

Howard Brown Health is offering Covid-19 screening and vaccines, HIV/STI screening, and primary care. Visit the Sheridan clinic for services: 4025 N. Sheridan Rd. Chicago, IL 60613. Or call at 773-388-1600.