Human Resource Blog

Illinois Discrimination Based On Sexual Orientation

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As an employer in Illinois, does Title VII or any state or federal law prohibit discrimination based on sexual orientation?

Unfortunately, there is no federal law that bans discrimination because of sexual orientation yet. Some states have such laws, but Illinois is not one of them.

However, Executive Order 13087, signed May 28, 1998, provides some protection. If your firm or your non-profit organization has a contract with the federal government, the contract probably prohibits discrimination based on sexual orientation. 

Title VII of the Civil Rights Act of 1964 is the key piece of anti-discrimination legislation. It prohibits discrimination based on race, color, disability, age, national origin, and religion. But the list does not include sexual orientation. That was probably not an intentional move against lesbian and gay employees, but a reflection of the times – there was far less tolerance and awareness of homosexuality in 1964.

Another relatively small group of workers is protected. The Civil Service Reform act of 1978 protects civilian employees of the federal government. It bars discrimination in hiring and firing based on many factors, including sex, religion, color, race, age, national origin, disability, political affiliation, and marital status. Key to the issue we’re dealing with here, the law also prohibits any kind of discrimination based on conduct, as long as the conduct does not affect job performance. “Conduct” has been interpreted to include sexual orientation.

Human Resources professionals in general believe that it is not good practice for a company to discriminate based on sexual orientation. In fact, many companies’ own policies disallow it. That includes both businesses and non-profit groups.

Not only some municipalities, but also some states have laws against sexual orientation discrimination. One such state is New Jersey, whose Law Against Discrimination (LAD) respects gays and transgendered people from discrimination in the workplace and in housing. Employment protections include hiring, firing, promotion, pay, benefits, training, and working conditions.

Besides Title VII, there are other laws protecting minorities. They include the Equal Pay Act of 1963, the Age Discrimination in Employment act of 1967, Sections 501 and 505 of the Rehabilitation Act of 1973, Titles I and V of the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991.