Illinois Human Rights Act Modified to Include “Reproductive Health Decisions” and “Family Responsibilies”; Statue of Limitations Extended

By K. Hope Harriman and William Pokorny - Franczek P.C.

January 8, 2025

The new year is ushering in notable changes to the Illinois Human Rights Act (IHRA), and with it, significant implications for employers. As of January 1, 2025, employers in Illinois may not discriminate against their employees based on “reproductive health decisions” or “family responsibilities.” Moreover, employees now have more time to file claims of unlawful discrimination: the IHRA statute of limitations is now a full two years – significantly higher than the previous 300-day limit. All of these changes come with expanded litigation risk. Employers should be reviewing their internal policies and practices to ensure compliance.

Reproductive Health Decisions

As of January 1, 2025, employers may not discriminate against employees based on their “reproductive health decisions,” which includes employees’ decisions regarding their use of contraception; fertility or sterilization care; assisted reproductive technologies; miscarriage management care; abortion; or pregnancy-related healthcare (including prenatal and postnatal care). Likewise, employers may not discriminate against prospective employees based on their reproductive health decisions. Though similar in some ways to the IHRA’s prohibitions on discrimination on the basis of sex, gender, and pregnancy, this new “reproductive health decisions” category covers a much more expansive and specific list of protected characteristics.

Family Responsibilities

Similarly, employers may not discriminate against employees based on their “family responsibilities,” which means an employee’s “actual or perceived provision of personal care to a family member.” “Family member” includes an employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. “Personal Care” includes any activities ensuring that a covered family member’s basic medical, hygiene, nutritional, or safety needs are met, which could include the employee providing transportation to medical appointments or being physically present with their covered family member to provide emotional support. Notably, the protection not only covers employees if their personal care duties are actually happening, but also if the employer believes the employee is providing personal care.

“Family responsibility” obligations apply to employment agencies and labor organizations. Employment agencies may not fail or refuse to classify (or fail to refer) individuals based on their family responsibilities. Similarly, labor organizations may not limit, segregate, or limit opportunities for individuals based on their family responsibilities.

However, this change does not give employees the carte blanche for time off. Employers, employment agencies, and labor organizations are not required to modify their reasonable workplace policies or make accommodations for an employees’ family responsibilities. This means, for example, that although an employer cannot fire employees simply because they must drive their mother to and from medical appointments, the employer does not have to create special accommodations (e.g., changes in schedule or lower productivity requirements) to account for employees’ family responsibilities.

Statute of Limitations

Prior to January 1, 2025, employees had up to 300 days after a civil rights violation to file a charge of discrimination with the Illinois Department of Human Rights. This is the same as the period to file a charge under federal law with the U.S. Equal Employment Opportunity Commission. Effective January 1, 2025, the period to file a charge with the Department of Human Rights is increased to two years, meaning employees may have a claim under the Illinois Human Rights Act long after the deadline to file a charge under federal law has passed.

Implications for Employers

Employers should review their anti-discrimination and document retention policies to ensure compliance with these changes in the IHRA. The new protections related to reproductive health decisions and family responsibilities, combined with a longer period in which employees may file claims, increases legal exposure for employers who are not up to date.

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