Students in higher education have rights under both Illinois and federal law that protect them from religious discrimination. These laws cover things like access to admissions, classroom participation, testing, and campus life. They also require public institutions to respect religious practice and tell federally funded schools to follow nondiscrimination rules. Together, these anti-discrimination laws set standards that require schools to accommodate students’ beliefs, provide fair opportunities, and prevent harassment or exclusion based on religion.
Federal Protections for Students
Federal law extends significant protections for students in higher education. Title IV of the Civil Rights Act gives the Attorney General authority to address religious discrimination in public schools and universities. Title VI does not explicitly mention religion, but it bars discrimination tied to race, color, or national origin and covers situations where religion overlaps with shared ancestry or ethnic identity. Title VII requires colleges to respect the religious practices of student employees and assistants. Public universities must also respect students’ rights under the First and Fourteenth Amendments, which protect free expression and equal treatment.
Illinois-Specific Protections
Several Illinois laws provide higher ed students with additional protections. For example, the University Religious Observances Act requires public colleges and universities to adopt policies that excuse absences for religious observances and give students reasonable opportunities to make up missed work. The Illinois Religious Freedom Restoration Act also prevents state and local governments from placing heavy burdens on religious exercise unless a strong justification exists.
The Role of the U.S. Department of Education’s Office for Civil Rights (OCR)
The Office for Civil Rights enforces federal civil rights laws in education. While Title VI does not explicitly list religion as a protected category, the OCR recognizes that harassment of Jewish or other students may involve shared ancestry or ethnic traits. In those cases, OCR can take action. If the OCR finds that a school has ignored reports of discrimination, it can require changes to end the harassment and protect affected students. The OCR also handles complaint procedures and supports students and families in asserting their rights.
What Counts as Religious Discrimination in Higher Education?
Religious discrimination can take many forms on campus. Common examples include:
- Refusing to excuse students from class or exams for religious holidays
- Harassing students for wearing religious clothing, such as yarmulkes
- Retaliating against students who express their faith on campus
- Singling out or mocking students because of dietary practices or prayer routines
- Ignoring or failing to address hostile environments tied to students’ religious identities
Filing Complaints and Seeking Remedies
Students who experience religious discrimination at school can respond through several legal channels. Illinois law requires universities to provide grievance procedures and give students a way to appeal if accommodations are denied. At the federal level, students can file complaints with the Office for Civil Rights, which reviews allegations and investigates schools. Remedies for these complaints can include new policies, discipline for staff, or adjustments to practices that exclude religious observance. In some cases, students may also bring legal claims to seek broader relief through the courts.
How Colleges and Universities Must Respond
Colleges and universities must treat reports of religious discrimination with urgency and fairness. Illinois law requires institutions to excuse absences for religious holidays and offer make-up work when requested in advance. Federal rules expect schools to prevent and address harassment that creates a hostile environment. If institutions fail to act, they risk enforcement actions, loss of funding, or legal liability. Schools must also provide accommodations unless doing so creates an unreasonable burden.
Why Legal Guidance Matters in Cases Involving Religious Discrimination in Higher Education
Religious discrimination in higher education can affect a student’s education and future opportunities. The laws that apply to these cases are not always straightforward, and schools often resist making changes without pressure. If you have experienced this kind of discrimination at school, a civil rights lawyer can explain your rights and pursue action against institutions that fail to meet their obligations.
Contact the civil rights attorneys at Levin, Riback & Adelman for a free initial consultation to discuss your situation and learn what we can do to protect your rights.