By Andrew Davis
Many people know that the bill prohibiting sexual orientation and gender identity discrimination went into effect in Illinois on Jan. 1; however, few may actually comprehend the scope of the act. In order to explain some of the specifics surrounding the new measure, several individuals held a workshop on Jan. 17 at the James R. Thompson Center, 100 W. Randolph. Among the individuals who spoke were Rocco Claps, director of the Illinois Department of Human Rights ( IDHR ) ; Alice Ralph, manager of the IDHR's charge processing division; Cole Thaler, staff attorney of Lambda Legal's Transgender Rights Project; and Rick Garcia, political director of Equality Illinois.
Garcia gave a brief overview of the history of the act. 'This is really a historic moment, but it isn't one that came overnight. It's one that was over 30 years in the making,' he noted. He talked about how two Republican and two Democratic state representatives proposed a sexual orientation discrimination bill in the mid-'70s and detailed the fight that culminated in the passage of the measure that occurred in January, 2005. 'The legislature finally did the right thing,' he said, citing a broad base of support as one reason that the bill passed.
Thaler, who works out of Lambda Legal's Atlanta office ( but whose work has a national scope ) , started by congratulating Illinois on its legal milestone and added that the state is unique in that it is one of a handful that offers gender identity protection. In talking about gender identity protection, he mentioned the progress that has been made: 'Four years ago, five percent of the population lived in jurisdictions with explicit protection; now that number is 28 percent.' ( Among the 83 areas are jurisdictions in Kentucky and Texas as well as the city of Indianapolis. ) Thaler believed that the increase is due to 'a tremendous amount of trans organizing,' momentum and commitment. In citing statistics, Thaler introduced a startling number: the gap between the passages of ordinances that offer sexual orientation and then gender identity protection is, on average, 13.2 years.
The attorney also stressed that the law provides opportunities for the implementation of ideas that enlighten people regarding gender identity. According to Thaler, putting ideas into effect can involve items such as training videos; policy integration in places like schools, hospitals and government; and even mechanisms for tracking the training so that people can understand topics like restroom-related issues, for example.
Ralph explained what is involved if one would like to file a charge. The former attorney emphasized that each case can involve several procedures, including investigation, mediation, dismissal and/or appeal. She also said that a person may have more than one claim, but not more than one remedy is available. Her presentation was full of practical advice, such as arriving at the office early and bringing as much evidence as possible.
If You've Been Wronged...
When people feel that they are the victims of gender identity or sexual orientation discrimination, there are legal avenues available. Below are some of the details regarding those options:
[ Note: CCHR=Chicago Commission on Human Relations; Cook=Cook County Commission on Human Rights; IDHR=Illinois Department of Human Rights ]
1. Employment ( the biggest category of claims ) :
—Geographic Limits: CCHR—within city limits; Cook—within Cook County but outside of Chicago; IDHR—within the state
—Time limits: Must file within 180 days of the alleged violation
—Who can be sued: Includes employers, labor organizations, individuals and employment agencies
—Types of available relief: Include make-whole damages ( e.g., back pay ) , punitive damages and injunctive relief
2. Housing
—Geographic Limits: CCHR—within city limits; Cook—within Cook County but outside of Chicago; IDHR—within the state
—Time limits: Must file within 180 days of the alleged violation
—Who can be sued: Includes everyone who has the right to sell, rent or lease; lenders
—Types of available relief: Include make-whole damages ( e.g., back pay ) ; punitive damages; fines to the city, county or state; and injunctive relief
3. Public Accommodations
—Geographic Limits: CCHR—within city limits; Cook—within Cook County but outside of Chicago; IDHR—within the state
—Time limits: Must file within 180 days of the alleged violation
—Who can be sued: Includes places, business establishments or agencies that sell, leases, provides or offers any product or service to the general public ( all ) ; public officials who are officers or employees of the state or its agencies ( IDHR )
—Types of available relief: Include make-whole damages ( e.g., damages for emotional distress ) , punitive damages and injunctive relief
—Source: IDHR; www.state.il.us/dhr
Contact info:
—Chicago Commission on Human Relations, 740 N. Sedgwick, Third Floor, Chicago, IL 60610; ( 312 ) 744-4111
—Cook County Commission on Human Rights, 69 W. Washington, Suite 3040, Chicago, IL 60602; ( 312 ) 603-1100
—Illinois Department of Human Rights, James R. Thompson Center, 100 W. Randolph, Suite 10-100, Chicago, IL 60601; ( 312 ) 814-6200
