Illinois Human Rights Act

Illinois Human Rights Act
Name	Illinois Human Rights Act
Enacted	1979
Jurisdiction	Illinois
Administered by	Illinois Department of Human Rights
Citations	775 ILCS 5
Status	in force

Illinois Human Rights Act

The Illinois Human Rights Act provides a statutory framework prohibiting discrimination in employment, housing, public accommodations, financial credit, and real estate transactions in Illinois. The Act created procedural mechanisms administered by the Illinois Department of Human Rights and adjudicated by the Illinois Human Rights Commission. It interacts with federal statutes such as the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the Fair Housing Act, influencing litigation in venues including the United States District Court for the Northern District of Illinois and the Seventh Circuit Court of Appeals.

Overview

The Act was enacted in 1979 amidst policy debates involving the Illinois General Assembly, the Governor of Illinois at the time, and civil rights organizations such as the National Association for the Advancement of Colored People and the American Civil Liberties Union. It defines covered entities including employers, labor organizations, employment agencies, real estate brokers, and places of public accommodation like theaters, restaurants associated with entities including the Chicago Theatre and the Field Museum of Natural History. The statute codified protections first advanced in state-level measures similar to those in New York State Human Rights Law and the Massachusetts Fair Employment Practices Act, aligning Illinois with precedents set by courts in New Jersey and California.

Protected Classes and Prohibited Conduct

The Act enumerates protected characteristics such as race, color, religion, sex, national origin, ancestry, age, marital status, and disability, intersecting with protections found in the Age Discrimination in Employment Act of 1967 and the Pregnancy Discrimination Act. It covers sexual orientation, gender identity, and military status, with connections to cases litigated by organizations like the Human Rights Campaign and the Service Members Legal Defense Network. Prohibited conduct includes disparate treatment, disparate impact, harassment, retaliation, and failure to provide reasonable accommodations, concepts litigated in forums such as the Illinois Appellate Court and the United States Supreme Court in cases analogous to Griggs v. Duke Power Co. and EEOC v. Abercrombie & Fitch Stores, Inc..

Enforcement and Procedure

Enforcement mechanisms include intake, investigation, conciliatory conferences, and formal hearings. Complaints are filed with the Illinois Department of Human Rights, investigated under rules promulgated by the Illinois Administrative Code, and may result in charges referred to the Illinois Human Rights Commission for hearing. Complainants may seek remedies through the Cook County Circuit Court or federal courts including the United States District Court for the Central District of Illinois depending on jurisdictional overlap with the Equal Employment Opportunity Commission. Key actors in procedural stages include administrative law judges, private attorneys from firms such as Sidley Austin and Skadden, Arps, Slate, Meagher & Flom, and advocacy groups like Legal Aid Chicago.

Remedies and Penalties

The Act authorizes remedies including back pay, reinstatement, injunctive relief, compensatory damages, and civil penalties. Remedies mirror relief available under the Civil Rights Act of 1991 and may involve equitable relief ordered by the Illinois Circuit Courts or the Illinois Supreme Court. Penalties and remedies have been litigated in cases involving major employers like United Airlines and municipal defendants such as the City of Chicago, with outcomes informing settlement practices used by firms represented by counsel from Jenner & Block and Holland & Knight.

Amendments and Notable Case Law

The Act has been amended multiple times by the Illinois General Assembly, reflecting shifts in policy after events such as debates following the Americans with Disabilities Act of 1990 and developments like the expansion of sexual orientation and gender identity protections. Notable Illinois decisions interpreting the Act include opinions from the Illinois Supreme Court and the Seventh Circuit Court of Appeals that addressed issues similar to Price Waterhouse v. Hopkins and Bostock v. Clayton County. Cases involving public employers such as Cook County and educational institutions like the University of Illinois have shaped statutory interpretation.

Relationship to Federal Law

The Act operates alongside federal statutes enforced by the Equal Employment Opportunity Commission and the United States Department of Housing and Urban Development. It often provides state-law avenues that complement federal claims under the Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act of 1993, and the Rehabilitation Act of 1973. Litigants sometimes pursue parallel actions in the Seventh Circuit or seek removal to the United States District Court for the Southern District of Illinois when federal questions arise, invoking precedents from the United States Supreme Court.

Impact and Criticism

Supporters, including the Illinois Coalition for Human Rights and local chapters of the National Organization for Women, argue the Act has advanced protections in workplaces and housing markets across Chicago, Springfield, Illinois, and suburban centers like Naperville and Aurora. Critics, including business groups such as the Illinois Manufacturers' Association and civil libertarians associated with the Liberty Justice Center, contend that enforcement costs and litigation risk burden employers and institutions such as Catholic Charities and private universities. Scholarly analysis from institutions like the University of Illinois Urbana–Champaign, the Northwestern University Pritzker School of Law, and the DePaul University College of Law has assessed the Act's efficacy, while advocacy organizations including Equal Rights Advocates continue to litigate contentious issues under the statute.

Category:Illinois statutes