As the parent of a child in Illinois who identifies as lesbian, gay, bisexual, transgender, asexual, queer, or questioning (LGBTQ+), you understand better than most the challenges that your child may face in a wide range of life situations, including of course during the many hours each week when they are attending their elementary, middle, or high school. Fortunately, Illinois has implemented one of the first and strongest sets of laws in the country that, together with existing federal legislation, protects LBGTQ+ students from discrimination, harassment, and retaliation at school, as well as in many other areas of life. If you believe your LGBTQ+ student's rights are being violated while at school or elsewhere, contact the Lento Law Firm Student Defense Team for help. Our experienced student defense attorneys will discuss the situation with you and can advise you of your options. We can be reached at 888.535.3686 or by using our contact form to schedule a confidential consultation.
Common Issues for LGBTQ+ Students
Students who identify as LGBTQ+ can find themselves facing a number of challenges from school administrators or other students who choose to focus on the student's sexual identity instead of focusing on the student as a person. Many LGBTQ+ students experience discriminatory and even threatening behavior at one point or another during their school years, including:
- Harassment and bullying, both in-person and online
- Sexual harassment or assault
- Discriminatory treatment by teachers and school administrators
- Forced adoption of gender-specific requirements, such as the use of certain bathrooms and locker rooms, and mandated conformance to gendered clothing regulations
- Refusal to allow the student to participate in extracurricular activities consistent with their gender identity
These kinds of discriminatory and harassing types of behavior are, for the most part, illegal in both public and private schools in Illinois.
LGBTQ+ Student Rights in Illinois
The Illinois Human Rights Act (HRA) protects “all individuals” from discrimination based on a wide range of factors, including their race, color, religion, sex, sexual orientation, and others, in a number of different situations, including in the “availability of public accommodations, including in elementary, secondary, and higher education.” It also protects against “sexual harassment in elementary, secondary, and higher education.” The HRA defines “sexual orientation” to mean both “actual or perceived” sexual orientation, including “heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person's designated sex at birth.”
There are several sections of the HRA that focus on the rights of all LGBTQ+ students from elementary school onward (though the rights apply equally to all students regardless of gender orientation). These rights include:
- The right not to be sexually harassed, which includes both “unwelcome sexual advances or requests for sexual favors” and “unwelcome conduct” based on the student's sexual orientation, when the harassment interferes with the student's “educational performance” or creates an “intimidating, hostile, or offensive educational environment.”
- The right to “full and equal enjoyment of facilities, goods, and services,” which Illinois interprets to include the student's right not to be restricted from using restrooms, locker rooms, and changing rooms based on their “physical anatomy or chromosomal sex.”
- The right to participate in gender-based sports and other gender-based activities that align with the student's gender-related identity.
- The right to equal application of dress codes across gender lines, meaning that transgender, nonbinary, or gender nonconforming students may not be required to dress in a way that is consistent with their assigned sex at birth.
- The right to be free of severe or pervasive harassment, whether by other students or by school employees.
- The right not to be retaliated against for reporting a violation of the LGBTQ+ student's rights.
Illinois law thus provides a wide range of protections for the rights of LGBTQ+ students at all levels of education, beginning with elementary school and continuing through high school and college.
Remedies for Violations of LGBTQ+ Rights in Illinois
The Illinois HRA also provides remedies for LGBTQ+ students whose rights have been violated by their schools. These include administrative remedies before the Illinois Human Rights Commission and civil remedies enforced by filing a lawsuit in Illinois Circuit Court.
The Human Rights Commission will investigate charges related to the violation of the HRA. Charges are filed with the Illinois Department of Human Rights, which is responsible for investigating the allegations in the charge. If the Department determines that a violation has occurred, it can then decide to file a complaint with the Commission; note that individuals cannot file complaints directly with the Human Rights Commission unless the Department fails to complete its investigation within one year of when it received the charges (or within any extended time period that the parties have agreed to). During the investigation process, the parties may be offered the chance to resolve the matter through mediation, though mediation is not a required step.
The Human Rights Commission can order the following types of relief:
- Damages for injuries or loss suffered by the complainant
- Specific relief, such as requiring the school to allow the student to participate in a particular activity or prohibiting the school from enforcing a policy in a discriminatory way
- Attorneys fees
A lawsuit against the school (which may include the school district and school officials) is the other form of remedy created by the HRA. A lawsuit can ask the Circuit Court to issue an order directing the school to permit the student to participate in a particular activity to take affirmative action against harassment and bullying, to stop enforcing school regulations in a discriminatory way, to allow the student to use gender-labeled facilities in a manner consistent with the student's gender identity, or to provide any other form of specific relief that would remedy the violations of the LGBTQ+ student's rights.
In addition, a civil lawsuit can award both actual and punitive damages to the student and can require the defendant to pay the student's attorneys fees and costs.
How an Education Law Attorney Can Help LGBTQ+ Students in Illinois
In situations where your child is being discriminated against by their school because of their gender identity, you want what is best for your child, and your hope is that the situation will resolve itself quickly and fairly. An experienced education attorney can advise you about what your options are to make that happen. In some cases, this may mean bringing the attention of school administrators, school district officials, or local school board members. In other cases, you may be forced to take the matter to the Illinois Department of Human Rights or to file a lawsuit.
Deciding what steps to take to help your child in this kind of a situation is never easy. Working with an experienced student defense attorney, one who understands the Illinois and federal laws that protect your student's rights, can help tremendously when it comes to deciding what to do, and then making sure your decision is handled in an effective way. The Lento Law Firm Student Defense Team has helped other LGBTQ+ students in these kinds of situations, and we're ready to help you and your child with yours.
Contact the Lento Law Firm Student Defense Team
If you are the parent of an LGBTQ+ student who is facing discrimination at school in Illinois – whether it's at the elementary, high school, or college level – contact the Lento Law Firm Student Defense Team to discuss the situation with one of our experienced attorneys. We have helped students across the country with a wide range of school-related issues, and our attorneys understand how important it is to you and your child that they be treated fairly while at school.
Call us today at 888.535.3686 or by using our contact form to set up a confidential consultation to learn more about how the Lento Law Firm Student Defense Team is ready to fight for your LGBTQ+ child's rights.
