Illinois: legislative update

At a glance

• January 1, 2025 will see the implementation of various updates to labor laws in Illinois.
• New rules will cover discrimination on grounds of reproductive health and family responsibilities.
• Time limits and penalties for discrimination claims and rules on whistleblowing are also being updated.  

• Effective January 1, 2025, Illinois employers may not discriminate against an employee for actual or perceived decisions on reproductive health. The new law amends the Illinois Human Rights Act to define 'unlawful discrimination' to include discrimination based on reproductive health decisions. 'Reproductive Health Decisions' are defined as 'a person’s decisions regarding the person’s use of contraception; fertility or sterilization care; assisted reproductive technologies; miscarriage management care; healthcare related to the continuation or termination of pregnancy; or prenatal, intranatal, or postnatal care.'
• Effective January 1, 2025, amendments to the Illinois Human Rights Act extend the time to file discrimination charges and allow for higher penalties. Recent amendments to the Illinois Human Rights Act:
  • extend the time for a complainant to file a charge with the Illinois Department of Human Rights based upon employment discrimination, harassment, or retaliation to two years after the date that a civil rights violation allegedly has been committed (extended from 300 calendar days); and
  • allow for a civil penalty for 'each instance' of a violation in pattern and practice cases.
• Effective January 1, 2025, Illinois employers are prohibited from taking adverse actions against an employee, or prospective employee, based upon the employee’s 'family responsibilities'. A new law amends the Illinois Human Rights Act to prohibit discrimination based on family responsibilities.
  • The law defines 'family responsibilities' as an employee’s actual or perceived provision of personal care to a family member. Personal care includes activities to ensure that a covered family member’s basic medical, hygiene, nutritional, or safety needs are met, or to provide transportation to medical appointments, for a covered family member who is unable to meet those needs themself. It also includes being physically present to provide emotional support to a covered family member with a serious health condition who is receiving inpatient or home care.
  • The law prohibits an employer from making employment decisions based on assumptions or stereotypes about how employees in the protected class will conduct themselves based on their protected status or from targeting someone merely because of their protected status.
  • Importantly, the law does not create an accommodation obligation or require an employer to modify its reasonable rules or policies related to leave, scheduling, productivity, attendance, absenteeism, timeliness, work performance, etc.
• Effective January 1, 2025, amendments to the Illinois Whistleblower Act add a 'good faith' component to the statute. Illinois employers cannot retaliate against an employee who discloses or threatens to disclose information related to an activity, policy, or practice of the employer where the employee has a good faith belief that it violates a law, rule, or regulation or poses a substantial and specific danger to employees, public health or safety. 'Adverse employment action' means an action that a reasonable employee would find materially adverse. An action is materially adverse when it could dissuade a reasonable worker from disclosing or threatening to disclose information protected by the statute.