Three amendments to the Illinois Human Rights Act (“IHRA”) will take effect on January 1, 2025, and will significantly impact employers’ current policies.
New Limitations Period
Before the legislative amendment, the limitations period for filing a charge of discrimination with the Illinois Department of Human Rights was 300 days after the alleged violation was committed. Under the amendment, employees will now have two years from the date of the alleged violation. Notably, under federal law, the deadline to file an administrative charge with the U.S. Equal Employment Opportunity Commission is still 300 days.
New Protected Class – Family Responsibilities
The IHRA will add “family responsibilities” as a protected class. It will now be a civil rights violation to engage in harassment or make employment decisions (e.g., hire, recruit, promote, etc.) concerning “family responsibilities.” “Family responsibilities” means an employee’s actual or perceived provision of personal care to a family member.
Personal care is defined as 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 himself or herself. 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. Family members include an employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.
The new amendment will not obligate an employer to make accommodations or modifications to reasonable workplace rules or policies for an employee based on family responsibilities, including accommodations or modifications related to leave, scheduling, productivity, attendance, absenteeism, timeliness, work performance, as long as its rules or policies are applied in accordance with IHRA. Further, the new amendment will not prevent an employer from taking adverse action or otherwise enforcing reasonable workplace policies related to leave, scheduling, productivity, attendance, absenteeism, timeliness, and work performance as long as its rules or policies are applied in accordance with IHRA.
New Protected Class – Reproductive Health Decisions
The other new protected class is “reproductive health decisions,” which is 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.” Thus, “unlawful discrimination” will now encompass discrimination against a person based on actual or perceived “reproductive health decisions.”
Impact
As a result of these changes, employers should revisit and revise their document retention policies pertaining to personnel and human resource files. Current employee handbooks should also be updated to reflect these two new protected classes. Employers should also start taking steps to train human resource personnel and supervisory employees to ensure their decision-making will not run afoul of the new laws.
Additionally, on the whole, companies should ensure that all employees are made aware that discrimination based on these two new protected classes is prohibited.
The firm will continue to monitor these amendments and provide further guidance if necessary. To learn more about this new legislation, please contact the authors or your GRSM attorney.