Publications: Illinois Law To Prohibit Sexual Orientation Discrimination

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On January 11, 2005, the Illinois House passed, by a 65-51 margin, an amendment to the Illinois Human Rights Act (S.B. 3186) that will prohibit employment discrimination based on sexual orientation. The bill originated in the Illinois Senate, where it gained approval by a vote of 30-27, and will take effect when Gov. Rod Blagojevich signs it into law, which he has promised to do, stating, “I look forward to signing this bill.”

The Law makes Illinois the fifteenth state to adopt legislation prohibiting workplace discrimination on the basis of sexual orientation. It will apply to employers of 15 or more workers, and defines “sexual orientation” as “actual or perceived heterosexuality, homosexuality, bisexuality, or genderrelated identity, whether or not traditionally associated with the person’s designated sex at birth.” It provides that “‘[s]exual orientation’ does not include sexual attraction to a minor by an adult,” and further states that it does not require employers to give workers special treatment or rights, or to implement affirmative action policies or programs on the basis of sexual orientation.

Title VII of the Civil Rights Act of 1964, the principal federal law proscribing workplace discrimination, still does not prohibit discrimination based on sexual orientation. But, even before adoption of the Illinois Human Rights Act amendment banning such discrimination, Chicago, Cook County, Peoria, Decatur and Naperville, among other Illinois municipalities, had already prohibited sexual orientation discrimination by ordinance.

While many such municipal prohibitions on sexual orientation discrimination expressly exempt religious organizations from their coverage, the new amendment to Illinois’ Human Rights Act does not. The question inevitably presented by this omission is whether the Bill will be applied to compel religious organizations to set aside convictions about homosexuality when making employment decisions. Although at least one religious leader, Zachary Wichmann, associate director of the Catholic Conference of Illinois, has been quoted as stating that his organization was assured the Bill would not be so construed, principal legislative sponsor, Sen. Carol Ronen (D-Chicago), has gone on record with her view that it bars all covered employers, including religious organizations, from employment discrimination on the basis of sexual orientation.

Thus, while adding another protected status to Illinois’ Human Rights Act, the measure may ultimately force courts to consider and balance its ban on sexual orientation discrimination with State and Federal constitutional safeguards of religious freedom.