Illinois Amends Human Rights Act

As the new year approaches, several changes to employment laws in Illinois are about to take effect, including but not limited to captive audience, electronic employment verification systems, and pay transparency laws. Among these changes include three amendments to the Illinois Human Rights Act (IHRA), effective Jan. 1, 2025, that employers need to know about.  

HB 4867 – Reproductive Health Decisions

On August 7, 2024, Governor Pritzker signed House Bill 4867 (HB 4867), expanding reproductive rights under the IHRA. Effective Jan.1, 2025, HB 4867 adds reproductive health decisions as a protected class from unlawful discrimination and declares as public policy that Illinoisans cannot be discriminated against based on the same.   

Under the IHRA, “reproductive health decisions” is defined as follows: 

“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.” 

HB 2161 – Family Responsibilities

Two days later on Aug. 9, 2024, the Governor signed House Bill 2161 (HB 2161) that further amends the IHRA. Effective Jan. 1, 2025, it is a civil rights violation for employers, employment agencies, and labor organizations to refuse to hire, segregate, or harass based on an individual’s “family responsibilities,” or an employee’s actual or perceived provision of personal care to a family member.  

Family responsibilities is the newest addition to the list of IHRA civil rights violations, which currently includes unlawful discrimination, citizenship status, and work authorization status. 

HB 2161 also clarifies that employers are not obligated to make accommodations or changes in enforcement of reasonable workplace rules and policies based on family responsibilities, such as leave, schedules, work performance, etc. 

SB 3310 – Civil Rights Violations Procedures

Also on August 9, 2024, Senate Bill (SB 3310) was approved. The bill amends the timeline for individuals to file a charge for a workplace civil rights violation with the Illinois Department of Human Rights from 300 days to 2 years. Note, the filing deadline for federal claims with the Equal Employment Opportunity Commission (EEOC) is within 300 days after the date of the alleged civil rights violation.  

Conclusion

With several changes to the IHRA going into effect on Jan. 1, 2025, employers should review their anti-discrimination and harassment policies as well as their employee handbooks to confirm compliance with the recent IHRA updates. Employers should also initiate workplace training for managers with regards to bullying/harassing another employee based on reproductive health decisions or family responsibilities.  

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