Sexual Orientation

Sexual orientation discrimination occurs when an employee is treated differently or harassed because of the employees real or perceived sexual orientation.  This orientation may be because the employee is gay, lesbian, bisexual, or straight (heterosexual).  Sexual orientation discrimination is illegal in the workplace in Illinois. While there is no federal law that prohibits sexual orientation discrimination in private employment, an executive order specifically outlaws discrimination based on sexual orientation in the federal government. 

The Illinois Department of Human Rights ("IDHR") act that bans sexual orientation and gender identity discrimination went into effect three years ago and here is an update on the act.  According to the Director of IDHR Rocco Claps, a snapshot of fiscal year ‘09 ( from July ‘08 to today ) , shows there have been 89 sexual-orientation charges and, of those, 11 are related to gender identity, 2 based on bisexual, 67 on homosexualality, 2 on heterosexuality and 3 based on perceived orientation.

In Illinois, the IDHR investigates charges of sexual harassment, as well as sexual-orientation. Known as Public Act 093-1078 the new act makes it is unlawful in Illinois to discrimination on the basis of sex, age, race, gender sexual harassment, sexual orientation, and religion. The other basis of discrimination besides employment include real-estate transactions; public accommodations; sexual harassment in higher education; and financial credit.

According to the director the average complaint is completed within 320 days. By law the IDHR is required to process a claim in 365 days. Additionally, about 33 percent of IDHR charges are settled within the agency.

If you believe you have been discriminated as a result of your sexual orientation or perceived sexual orientation please contact attorney Peter LaSorsa at 312-505-5038 or 309-712-1145 anytime to discuss your case.  You can also email Pete at pmllaw@yahoo.com



Illinois Sexual Harassment Attorney Blog - Sexual Orientation