All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.
YES, Illinois has a criminal law that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct. A violation of this statute is classified as a felony.
YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in Illinois. In fact, Illinois is considered aggressive in pursuing such prosecutions, because at least 5 such prosecutions have taken place over the last 5 years.
NO, Illinois does not have laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, but that does not mean the state could not prosecute a person engaged in such activities under general criminal laws or argue for sentence enhancements based on the person’s HIV diagnosis.
NO, Illinois does not have laws that enhance penalties for HIV-positive people involved in commercial sexual transactions, but that does not mean that a prosecutor could not argue for an enhanced sentence in such a situation based on the defendant’s HIV-positive status, if the prosecutor has access to that information, or attempt to bring separate charges under an HIV-specific nondisclosure statute or the general criminal laws.
State permits individual, joint and second-parent adoption.
See 750 ILCS 50/2. Second-parent adoptions approved in Petition of K.M. 653 N.E.2d 888 (Ill. App. 1995); reaffirmed in In re C.M.A., 715 N.E.2d 674 (Ill. App. 1999).
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Yes: civil unions.
Yes, to non-public, non-sectarian elementary and secondary schools.