Illinois state law has prohibited employment discrimination on the basis of sexual orientation and gender identity for the past five years, under the Illinois Human Rights Act. Practically speaking, that means workers may not be discriminated against because they are lesbian, gay, bisexual or transgendered (LGBT).
But while LGBT employees in the Land of Lincoln have the ability to contact an Illinois employment lawyer and file a claim if they're treated unfairly, US federal law does not provide such protections.
However, the Employment Non-Discrimination Act of 2007 (ENDA) is poised to change all of that.
The bill's stated purposes are spelled out clearly:
- To provide a comprehensive Federal prohibition of employment discrimination on the basis of sexual orientation or gender identity;
- To provide meaningful and effective remedies for employment discrimination on the basis of sexual orientation or gender identity; and
- To invoke congressional powers, including the powers to enforce the 14th amendment to the Constitution, and to regulate interstate commerce and provide for the general welfare pursuant to section 8 of article I of the Constitution, in order to prohibit employment discrimination on the basis of sexual orientation or gender identity.
A Chicago employment lawyer would be better qualified to make this determination, but I wonder if the federal law (if passed) would provide a stronger option for aggrieved LGBT workers in Illinois than the state law does? The US Constitution, referenced within the text of ENDA, certainly carries a lot of weight.
In any event, a large group of GLBT Chicago activists is planning a trip to the nation's capital this month to promote ENDA, according to a "The New Gender" blog entry at Chicago Now. Illinois Gender Advocates chair Helena Bushong, a transgendered supporter of the bill, was cited in regard to IGA's lobbying efforts with Illinois representatives.
This goes to show that national legislative efforts are always local to some degree.
Related Resources:
- Your Rights Against Discrimination Based on Sexual Orientation (FindLaw)
- Federal LGBT Discrimination Law Coming? ENDA: The Employment Non-Discrimination Act Re-Introduced (FindLaw Free Enterprise Blog)
- Chicago Employment Lawyer Directory (FindLaw)
