EMPLOYMENT LAW NEWS

Legislative Scoop: Key Employment Law Updates from Illinois About Discrimination

Grant Larson GovDocs Compliance ParalegalBy Grant Larson, Compliance Paralegal
Employment Law and Compliance
Published August 11, 2026

Legislative Scoop: Key Employment Law Updates from Illinois about discrimination from Grant Larson of GovDocs

This month’s Legislative Scoop reviews the status of three bills about different types of workplace discrimination that have made it to the Illinois governor’s desk.

Each month, GovDocs’ Employment Law and Compliance Team provides the scoop on key bills making their way through the legislative process. Below are three bills about different types of workplace discrimination that have made it to the Illinois governor’s desk.

Key Takeaways
✓ Illinois has enacted SB 3777 (disparate impact under the Human Rights Act) and is awaiting the Governor's signature on two more: HB 5284 (menopause accommodations) and HB 4758 (driver's license requirements in job postings).
✓ HB 5284 would expand accommodations for menopause: the pending bill adds menopause-related conditions, flexible scheduling and climate-adjusted workspaces to acceptable accommodations, and directs the Department of Public Health to publish educational materials, likely including an optional workplace poster.
✓ SB 3777 is now law, effective Jan. 1, 2027: signed July 31, it adds disparate impact liability under the Illinois Human Rights Act for criteria that discriminate based on citizenship status, family or immigration status, and criminal record. Illinois employers should review policies with legal counsel.
✓ HB 4758 would restrict driver's license requirements: employers could not require a valid driver's license in job postings unless driving is an actual job requirement. If passed, it takes effect Jan. 1, 2027.

HB 5284 – Menopause Workplace Discrimination 

The first Illinois bill we will be looking at is something that a few other states have begun to explore. The pending legislation’s purpose is to protect and raise awareness for workers who experience menopause. HB 5284, if enacted, will require the Department of Public Health to release educational materials and make them available to the public. It expands the list of acceptable workplace accommodations to include those for menopause-related conditions. It also adds “flexible scheduling/modified work hours” and “climate-adjusted workspaces” as examples of accommodations covered. 

If enacted, the educational materials required in this bill are likely to include an optional poster for workplaces. Meaning, it would not be required for companies to display in their workplaces. If you are a GovDocs Labor Law Poster Program customer, please do not hesitate to contact your Customer Success manager once this is released.  

SB 3777 – Amending Human Rights Act 

SB 3777 was signed by the governor on July 31 and is effective next Jan. 1, 2027. This bill adds disparate impact liability under the Illinois Human Rights Act, making it a civil rights violation for employers to use certain criteria or methods that subject workers to discrimination based on unlawful discrimination, citizenship status, family, immigration status, and criminal record. Discrimination is unlawful if it does not relate to the job, does not have a business necessity, or there is a non-discriminatory way to achieve the same effect. Illinois employers should revisit their current employee policies and speak with private legal counsel to ensure that they are compliant with this bill.  

HB 4758 – Discrimination based on not having a Driver’s License 

HB 4758 is the simplest bill discussed in this month’s Legislative Scoop. It prohibits employers from requiring a valid driver’s license in job postings, with an exception where driving is a requirement of said job, like being a delivery driver or traveling between different clients. 

If this bill is passed, it would take effect on Jan. 1, 2027. Employers should continue to monitor this bill going forward, as it would impact a wide variety of job postings that might need to be changed, depending on your specific circumstances. 

Conclusion

Legislation relating to discrimination in employment is often being drafted across the country. States are attempting to expand protections to workers, with a common way of doing that being of the expansion of prohibited discrimination and discriminatory practices. As such, these are areas of employment law that employers must be especially mindful of. One such example is that Washington recently signed an executive order for a similar menopause-related protection that Illinois is considering passing.  

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This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.