By Michael D. Gifford, Esq.

The approaching New Year will bring several important changes in Illinois employment law.  One of those changes is an amendment to the Illinois Human Rights Act, whereby Illinois joins the list of jurisdictions prohibiting discrimination based on sexual orientation.  Effective January 1^st, unlawful discrimination will include decisions based upon sexual orientation, defined as:  "actual or perceived heterosexuality, homosexuality, bisexuality or gender related identity, whether or not traditionally associated with the person’s designated sex at birth.”  The definition goes on to exclude from sexual orientation “a physical or sexual attraction to a minor by an adult.”  The Act includes a provision clarifying that employers, employment agencies and labor organization are not required to provide preferential treatment or special rights based on sexual orientation or to implement new affirmative action policies or programs on that basis.  As part of the Human Rights Act, the new amendments apply to employers with fifteen or more employees in the state of Illinois, and to governmental bodies without regard to the number of their employees.

These amendments should serve to make the Illinois Human Rights Act an even more attractive alternative to certain plaintiffs than it has been in the past.  Previously, certain plaintiffs opted for the Illinois procedures, rather than federal Title VII litigation, to avoid the perceived employer orientation of the federal courts in central Illinois and the Seventh Circuit Court of Appeals. Other aspects of the Human Rights Act were also attractive to certain plaintiffs:  elimination of the minimum number of employees’ requirement for claims of sexual harassment and disability discrimination, as well as the potential for co-employee or supervisor liability for sexual harassment, which is unavailable under the federal statues.  Although the Human Rights Act does not currently provide for a civil, jury trial, substituting an administrative procedure culminating in a hearing before an Administrative Law Judge, unsuccessful efforts have previously been made in the General Assembly to amend the statute and provide a full jury trial in lieu of the administrative procedures.   

Employers facing allegations under the Illinois Human Rights Act should contact counsel immediately.  The Labor & Employment Group at Howard & Howard can provide counsel experienced in the act and the procedures of the state agencies which administer that act.

Michael Gifford is a member of the Labor & Employment Group at Howard & Howard. He  represents employers in a wide variety of labor and employment matters. For more information, please  contact Michael Gifford at (309) 672-1483 or email   mdg@h2law.com.

Copyright 2005 Howard & Howard Attorneys, P.C. This publication is intended to provide information only and does not constitute legal advice.