Frequently Asked Questions

Discrimination happens when someone is treated differently because of who they are. This can look like being harassed, misgendered, or dead-named, being denied access to services, facilities, or goods, receiving worse service or treatment than others, or facing other negative action that stems from bias in healthcare, the workplace, or school. The Illinois Human Rights Act (IHRA) protects individuals from discrimination based on sexual orientation and gender identity, that includes protections for transgender, nonbinary, and gender diverse persons.  

The IHRA lists several protected categories. State law protects against discrimination based on those protected categories.. 775 ILCS 5/1-102(A) (it is the public policy of the State of Illinois to “secure for all individuals within Illinois the freedom from discrimination against any individual, because of his or her race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, reproductive health decisions, or unfavorable discharge from military service in connection with employment, real estate transactions, access to financial credit, and the availability of public accommodations.”) People’s experiences of discrimination can be shaped by the combination of their various identities, including LGBTQIA+ identity.

The Illinois Human Rights Act provides LGBTQIA+ individuals with the right to fair and equal treatment in key parts of daily life: 

• Employment: You cannot be fired, denied a job, or treated unfairly at work because of your LGBTQIA+ identity. 

• Housing: You have the right to rent, buy, or live in a home without facing discriminatory practices. This applies to most housing situations, but please see the resources to make sure your housing is covered.  

• Public Spaces and Services: Places open to the public, including businesses, healthcare providers, schools, and government offices, cannot treat you differently or deny you service because of your LGBTQIA+ identity. 

• Credit and Financial Services: Banks and lenders must treat LGBTQIA+ individuals equally.  

Some cities and counties in Illinois also offer additional protection through local human rights ordinances. 

The weight of having to prove that you have been discriminated against can feel heavy. Know that your experience matters, and you have a right to be heard. Generally, you will need to prove that (1) you are a member of a "protected class" under the Illinois Human Rights Act (this includes LGBTQIA+ identities), (2) the person or entity that discriminated against you is covered by the Illinois Human Rights Act, and (3) you were treated unfairly based on your protected characteristics.  

To prove a discrimination claim, circumstances vary, but you usually need evidence. Evidence can come in many forms. It is always good practice to keep any screenshots or videos and to document anything that may help your claim. Your own account or sworn testimony about what happened to you can also be evidence. 

The best place to report depends on the type of incident and the support you are looking for: 

Hate Crime or Hate Incident 

A hate crime is a criminal act motivated by bias. Seeking support is a powerful and courageous step. If you encounter hate crimes or bias incidents, you may report them to the Illinois Commission on Discrimination and Hate Crimes. Hate crimes and hate incidents can be reported online at https://cdhc.illinois.gov/report-hate.html. Making a claim with the ICDHD can result in referrals for physical and mental healthcare, trauma support, victim advocacy services, and legal aid. Some cities and counties in Illinois also offer hate crime support services. 

You may also report hate crimes to the Illinois Attorney General. You can find more information about filing a hate crime report with the Illinois Attorney General online at Hate Crimes. You can also email or call the Attorney General’s Civil Rights Bureau staff at hotline at civilrights@ilag.gov or call the helpline at 1-877-581-3692.  

If you experienced a hate crime and want it investigated by law enforcement, you can contact your local police. If you’d like to file a police report or pursue criminal charges for a hate crime, please contact your local police department. 

Other Discrimination Claims 

Please know that legal claims have deadlines. You can file a charge with the Illinois Department of Human Rights (IDHR): 

• For fair housing: within one year of the discriminatory conduct 

• For employment, public accommodations, healthcare, and financial services: within two years of the discriminatory conduct  

Note: Charges filed with IDHR are generally considered public records accessible under the Illinois Freedom of Information Act. 

There may be other legal options available, and you may wish to contact an attorney to discuss those options.