The Illinois Department of Human Rights Alerts
Victory for Transgender Illinoisans! State Appellate Court Upholds Human Rights Act Protections for Transgender Individuals, Equal Access to Bathrooms
On Friday, August 13, 2021, the Second District Appellate Court of Illinois affirmed the expansive protections of the Illinois Human Rights Act (Act) for transgender individuals. In Hobby Lobby Stores, Inc. v. Sommerville (2021 IL App (2d) 190362), the Court addressed an issue of first impression, holding that transgender individuals in Illinois have the right to access restrooms corresponding to their gender identity. Meggan Sommerville, a transgender woman, filed a charge with the Illinois Department of Human Rights (IDHR) against her employer Hobby Lobby for not allowing her to use the women's restroom. The Court agreed that Hobby Lobby violated the Act both as an employer and as a place of public accommodation by discriminating against Ms. Sommerville based on her gender identity.
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Human Rights Act Enhanced to Include Work Authorization Status Protection
On Monday, August 2, 2021, Governor JB Pritzker signed House Bill 121, ensuring the Illinois Human Rights Act protects anyone with federal work authorization, the legal requirement necessary to work in the United States, from employment discrimination. When verifying employment, employers may not refuse to hire an individual based on the status or length of status of their work authorization. This new change aligns protections in the Illinois Human Rights Act with those already in federal law.
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Report Adverse Judgments and Administrative Rulings Under 5/2-108
Beginning July 1, 2020, and by each July 1 thereafter, each employer that had an adverse judgment or administrative ruling against it in the preceding calendar year shall disclose annually to the Department of Human Rights, the following information: the total number of adverse judgments or administrative rulings during the preceding year; whether any equitable relief was ordered; and the number of adverse judgments or administrative rulings entered against the employer within specific categories outlined in Section 2-108(B) of the Illinois Human Rights Act.
Download the FAQ for Employers under Section 5/2-108 for more information. (Chinese) (Polish) (Spanish)
To report adverse judgments or administrative rulings download the Form IDHR 2-108.
Illinois Human Rights Act Amended to Add Conviction Record Protections
Senate Bill 1480 adds another layer of protection for anyone that has come into contact with public law enforcement. Any person who believes they are experiencing discrimination at work or with a potential job because of their conviction record can now file a charge of discrimination with the Illinois Department of Human Rights. To assist Illinois employers with compliance and job-seekers, the IDHR has developed a comprehensive FAQ.
Read all IDHR's FAQ regarding conviction record protections and access the FAQ document.