LEGAL PROTECTIONS
These protections often conflate sexual orientation, gender, and sex assigned at birth. Some are written as if gender is a binary.
We know that that just become something is a “law” does not always mean it is upheld. The legal system in the United States disproportionately punishes people of color, especially Black people.
While there are mechanisms in place to pursue discrimination cases, it is most likely at the cost of the survivor/victim. These processes are often long and arduous, requiring lots of documentation and re-living trauma. Seeking accountability and any form of justice rarely happens in this country’s legal system but rather through ongoing collaboration, learning, and transformative processes… which requires consent and commitment from all parties involved.
This is not legal advice. The information on this page is copy and pasted from Acts and Ordinances accessed online for the part of Illinois that our team lives in. The above introduction is based on personal, lived experience of our team. Please contact us if you’d like to be connected to our lawyer on retainer.
LGBTQ2IA+ people are protected from discrimination based on Chicago, Evanston, Cook County, and Illinois law.
→ Illinois Human Rights Act
→ Chicago + Evanston Human Rights Ordinances
→ Cook County Human Rights Ordinance
→ The Illinois Human Rights Act states there is “Freedom from discrimination against any individual because of his or her… sexual orientation… in connection with employment, real estate transactions, access to financial credit, and availability of public accommodations” and that “Sexual orientation means actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person’s designated sex at birth”
Source: Illinois Human Rights Act - www.bit.ly/ilgahra
Discrimination on the basis of sexual orientation/gender identity can include:
Employment: refusing to hire, termination, unequal pay or discipline, harassment
Real Estate/Credit: refusing to rent/sell or extend credit, terminating a lease, unequal consequences for late rent
Public Accommodations: refusing to provide a service or sell goods to, refusing access to a bathroom consistent with the person’s gender identity
Source: Illinois Human Rights Act - www.bit.ly/ilgahra
→ Under the Chicago Human Rights Ordinance, “It is the policy of the City of Chicago to assure that all persons within its jurisdiction shall have equal access to public services and shall be protected in the enjoyment of civil rights, and to promote mutual understanding and respect among all who live and work within this city. The city council of the City of Chicago hereby declares and affirms: that prejudice, intolerance, bigotry and discrimination occasioned thereby threaten the rights and proper privileges of the city’s inhabitants and menace the institutions and foundation of a free and democratic society; and that behavior which denies equal treatment to any individual because of his or her race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income, or credit history (as to employment only) undermines civil order and deprives persons of the benefits of a free and open society.” In addition “gender identity” is defined as "the actual or perceived appearance, expression, identity or behavior, of a person as being male or female, whether or not that appearance, expression, identity or behavior is different from that traditionally associated with the person’s designated sex at birth.” and "sexual orientation" is defined as "the actual or perceived state of heterosexuality, homosexuality or bisexuality.”
Source: Chicago Human Rights Ordinance - www.bit.ly/chicohr
→ The Cook County Human Rights Ordinance has the same definitions for gender identity and sexual orientation as Chicago's HRO.
It is further broken down by employment, public accommodation, and real estate/credit.
Source: Cook County Code of Ordinances - www.bit.ly/ccilhrlib
NOTE: There are no federal protections for LGBTQ2IA+ people except for employment.