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Laws & Constitution – Monday, March 3, 2025
Non-Discrimination in Institutions of Higher Education
A Letter to Higher Education Officials in Illinois
Dear Illinois Higher Education Officials:
Given recent federal actions, we are writing this letter to clarify how the Illinois Human Rights Act (IHRA) protects students from discrimination, including student athletes, under state law – and to let you know what resources the Illinois Department of Human Rights (IDHR) has to answer questions on the topic.
In Illinois, students are entitled to equal access to educational opportunities, programs, and activities – including athletic programs – without fear of discrimination. The IHRA outlines protections from discrimination by non-sectarian places of education, such as undergraduate and post-graduate institutions. [1] The IHRA specifically prohibits the denial of a student’s full and equal enjoyment of facilities, goods and services based on actual or perceived protected characteristics that expressly include sexual orientation, gender identity, sex, pregnancy, reproductive health decisions, disability, race, color, and national origin, among others.[2] Therefore, in the education context, the IHRA protects all students’ rights to participate in school athletics consistent with their gender identity.[3]
Students cannot be prevented from access to, full participation in, or the equal enjoyment of sports, clubs, and other extracurricular activities due to their gender identity. Therefore, prohibiting students from participating in or competing on school sports teams that align with their gender identity may constitute discrimination under Illinois law.[4] Following recent actions at the federal level, the NCAA changed its policy to bar transgender women from competing in women’s sports. However, the NCAA policy itself expressly recognizes and acknowledges that local, state, and federal law supersedes its rules and that schools must follow applicable laws, which includes the IHRA.[5]
We understand that many institutions of higher education and their students may be facing great uncertainties, so we also remind you that IDHR is here as a resource. We encourage you to reach out if you have questions about compliance or possible violations of the law. For technical assistance, you may contact the IDHR Attorney of the Day Line by calling (312) 814-6262, by email to IDHR.Legal@illinois.gov; or by visiting IDHR online at dhr.illinois.gov.
Sincerely,
JAMES L. BENNETT
Director, Dept. of Human Rights
[1] 775 ILCS 5/1-103; 775 ILCS 5/5-102(A).
[2] 775 ILCS 5/1-103; 775 ILCS 5/5-102.2.
[3] See IDHR, Non-Regulatory Guidance Relating to Protection of Transgender, Nonbinary, and Gender Nonconforming Students Under the Ill. Human Rights Act (Dec. 2021) at 8, available at Guidance Relating to Protection of Transgender, Nonbinary, and Gender Nonconforming Students.
[4] Prohibiting students from participating in or competing on sports teams based on their gender identity may also violate federal law. See Whitaker ex rel. Whitaker v. Kenosha Unified School District, 858 F.3d 1034 (7th Cir. 2017) (finding discrimination on the basis of gender identity is a form of sex discrimination prohibited under Title IX).
[5] NCAA Participation Policy for Transgender Student-Athletes (February 6, 2025), available at https://www.ncaa.org/sports/2022/1/27/transgender-participation-policy.aspx (“Additionally, schools are subject to local, state and federal legislation and such legislation supersedes the rules of the NCAA.”).