Governor Blagojevich signed a new Gay Rights law which took effect January 1, 2006.  The law amends the Illinois Human Rights Act which prohibits discrimination in employment, real estate transactions, financial credit and public accommodations.  775 ILCS 5/1-101.  With this amendment, the Illinois Human Rights Act now declares that  it is the public policy 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, marital status, physical or mental handicap, military status, sexual orientation, or unfavorable discharge from military service in connection with employment, real estate transactions, access to financial credit, and the availability of public accommodations."  775 ILCS 5/1-102.  The statute defines sexual orientation as "actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person's designated sex at birth.  ‘Sexual orientation' does not include a physical or sexual attraction to a minor by an adult."  775 ILCS 5/1-103(O-1).

The law follows existing ordinances in several Illinois local governments.    It applies to employment, real estate transactions, credit, and public accommodations.  The Act defines employers as "any person employing 15 or more employees within Illinois during 20 or more calendar weeks within the calendar year or preceding the alleged violation." 775 ILCS 5/2-101 (B)(1)(a).  It also applies to  "the State or any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees." 775ILCS 5/2-101(B)(1)(c).  The definition of "employer" does not "include any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through spiritual means in accordance with the tenets or a recognized church or religious denomination with respect to the employment of individuals or a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society or non-profit nursing institution of its activities." 775 ILCS 5/2-101 (B) (1)(e). "Public employer" is further defined as the "State, an agency or department thereof, unit of local government, school district, instrumentality or political subdivision."  775 ILCS 5/2-101 (G).  "Public employer" is denied as "an employee of the State, agency or department thereof, unit of local government, school district, instrumentality or political subdivision.  ‘Public employee' does not include public officers or employees of the General Assembly or agencies thereof."  775 ILCS 5/2-101 (H).

Individuals who sustain complaints under the Human Rights Act can be entitled to, among other things, actual damages, cease and desist orders, reinstatement, promotion, back pay and fringe benefits and attorney's fees and costs.  775 ILCS 5/8A-104.  Civil penalties may also be levied "to vindicate the public interest."  775 ILCS 5/8B-104.

The amendment does not require that preferential treatment be given to anyone based on sexual orientation.  775 ILCS 5/1-101.1