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Sexual orientation is a protected class like the other protected classes listed in the Act. The Act defines sexual orientation as "actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person's designated sex at birth." Persons who believe they may have been discriminated against on the basis of sexual orientation may file a charge with IDHR.
Gender and Sexual Orientation Rights
Illinois law protects you from discrimination based on your gender identity or sexual orientation. If you are being treated unfairly at work, denied housing, excluded from healthcare, or facing barriers in other areas of life because of who you are, this page can help you understand your protections and take action.
What you'll find here:
Examples of discrimination, where you are protected, how to file a charge, and special rights for students.
⏱ Reading time: 16 minutes
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Table of contents
Learn What Discrimination Looks Like
Real situations to help you identify violations of your rights.
Do You Want to File a Charge?
Find out how to file and what to expect.
What the Law Covers
Know what protections you have.
Special Protections in Schools
Learn which areas of school the law covers.
What IDHR Cannot Do
Learn our limits so you can find the right help.
Gender and Sexual Orientation Rights FAQs
Find answers to common questions.
Learn What Discrimination Looks Like
Illinois law makes it illegal to discriminate against you because of your sexual orientation or gender identity.
Protected Characteristics Include
Sexual orientation (including heterosexuality, homosexuality, and bisexuality)
Gender identity (including transgender, nonbinary, and gender nonconforming identities)
Your gender identity may or may not match the sex you were assigned at birth.
Note:
Your sexual orientation includes heterosexuality, homosexuality, and bisexuality. Your gender identity may or may not match the sex you were assigned at birth.
It can include being male, female, nonbinary, gender nonconforming, transgender, or having a fluid identity.
Discrimination examples
Discrimination can happen in ways that are obvious or hidden. These real examples can help you tell when your rights have been violated.
At Work:
Your employer stops you from using the restroom that matches your gender identity, or coworkers refuse to use your chosen name and pronouns.
In Housing:
A landlord rejects your application after learning about your gender expression or sexual orientation.
In Financial Services:
A bank denies you credit or charges you more because your identity does not match your assigned sex at birth.
In Healthcare:
A hospital refuses to treat you or staff repeatedly disrespect your gender identity.
In School:
A school stops you from using facilities that match your gender identity or excludes you from activities.
In Public Places:
A business denies you service or treats you differently because of your gender identity or sexual orientation.
Do You Want to File a Charge?
If you have faced discrimination based on your gender identity or sexual orientation, here is what you should know.
Special note for students: A student or the parent of a minor student may file a charge within 300 days of the incident.
Before you file:
- You must file within a specific timeframe
- You can usually file against both the individual harasser and the employer or institution
- Filing is free
- You do not need a lawyer
What happens when you file:
We review your claim to see if it falls under the Illinois Human Rights Act
If accepted, we investigate by gathering information from all parties
We may attempt to resolve the matter through mediation or settlement
If not resolved, your case may proceed to a hearing
We will draft a charge for your signature if:
- Your allegations are covered under the Act
- We have jurisdiction over the employer
- You file within the required timeframe
What the Law Covers
Under Illinois law, employers, landlords, lenders, businesses, healthcare providers, and schools cannot treat you unlawfully because of your gender identity or sexual orientation.
Employment
The law covers: All employers with one or more employees
And protects your from discrimination in: Hiring, firing, job duties, pay, benefits, and promotions. You also have the right to a workplace free from harassment because of your gender identity or sexual orientation.
Housing
The law covers: Landlords, property managers, sellers, and lending institutions
And protects your from discrimination in: Renting, buying, or seeking financing for housing. This includes refusing to rent or sell, posting discriminatory advertisements, or offering unequal terms.
Financial Credit
The law covers: Banks and other lenders
And protects your from discrimination in: Applications for credit, loans, or other financial services. They must offer you the same terms they offer to others with similar financial profiles.
Public Accommodations
The law covers: Businesses, restaurants, hotels, stores, entertainment venues, gyms, and government services that are open to the public
And protects your from discrimination in: Denying you equal access or treating you differently because of your gender identity or sexual orientation.
Healthcare
The law covers: Medical providers, hospitals, and insurance companies
And protects your from discrimination in: Refusing to treat you, provide unequal treatment, or deny coverage because of your gender identity or sexual orientation; denying hormone treatment for transition-related care when the same treatment is available to others; disrespecting your gender identity in room assignments or facility access.
Special Protections in Schools
Students who are transgender, nonbinary, or gender nonconforming have specific rights in Illinois schools.
Students have the right to:
Be treated the same way as students whose gender identity matches their assigned sex at birth
Participate in school programs, activities, and sports teams that align with their gender identity
Attend school in an environment free from harassment
Protection from retaliation for asserting these rights
Schools cannot:
Refuse to enroll a student because of their gender identity
Deny access to facilities, programs, or services because of gender identity
Allow or fail to stop severe or ongoing harassment
Common issues in schools include:
Access to restrooms, locker rooms, and changing rooms
Participation in sports and other activities separated by gender
Dress code enforcement
Harassment that is severe or happens repeatedly
What IDHR Cannot Do
We want to be clear about what falls outside our jurisdiction so you can find the right help.
We cannot investigate:
Federal government employment – Federal employees must contact the appropriate federal civil rights office.
Religious institutions in certain contexts – Religious organizations may have certain exemptions when conducting religious activities, though many protections still apply.
General workplace or housing disputes – If your complaint is not based on gender identity or sexual orientation, we cannot investigate under Illinois Human Rights law.
Criminal conduct – If you experience assault, threats, or other criminal behavior, contact law enforcement immediately by calling 911.
Contract disputes – General disagreements about employment contracts, lease terms, or service agreements may require an attorney.
Matters outside Illinois – IDHR enforces Illinois law. Discrimination in other states falls under their jurisdiction.
Cases outside our legal authority –
If we cannot investigate your situation, that does not mean what happened was okay. It means your case may fall under a different law or agency. We will do our best to point you in the right direction.
Gender and Sexual Orientation - FAQs
Guidance & Publications
- Protections for Transgender, Nonbinary, and Gender Nonconforming Persons
Comprehensive guide to protections across employment, housing, public accommodation, and education - Guidance on Protection of Students in Illinois
A Non-Regulatory Guidance Relating to Protection of Transgender, Nonbinary, and Gender Nonconforming Students - Protections for Transgender, Nonbinary, and Gender Nonconforming Persons Under the Illinois Human Rights Act (PDF)
Related Topics
Sexual Harassment
Guidance on recognizing, preventing, and reporting unwelcome conduct or hostile treatment in work or public settings.
Education
Protections for students against discrimination and harassment in elementary schools, high schools, colleges, and universities.