Bill Amendment: IL HB5284 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: HUMAN RIGHTS-MENOPAUSE CARE
Status: 2026-08-07 - Public Act . . . . . . . . . 104-0793 [HB5284 Detail]
Download: Illinois-2025-HB5284-House_Amendment_001.html
Bill Title: HUMAN RIGHTS-MENOPAUSE CARE
Status: 2026-08-07 - Public Act . . . . . . . . . 104-0793 [HB5284 Detail]
Download: Illinois-2025-HB5284-House_Amendment_001.html
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 5284 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 5284 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 1. This Act may be referred to as the Illinois | ||||||
| 5 | Menopause Equity and Care Act. | ||||||
| 6 | Section 3. Legislative purpose and intent. The purpose of | ||||||
| 7 | this Act is to improve awareness, understanding, and quality | ||||||
| 8 | of care for individuals experiencing menopause. This Act | ||||||
| 9 | encourages voluntary professional education and promotes | ||||||
| 10 | equitable, patient-based care throughout Illinois. This Act | ||||||
| 11 | also recognizes menopause-related conditions as a factor for | ||||||
| 12 | consideration under workplace protections and health equity | ||||||
| 13 | initiatives. | ||||||
| 14 | Section 5. The Department of Public Health Powers and | ||||||
| 15 | Duties Law of the Civil Administrative Code of Illinois is | ||||||
| |||||||
| |||||||
| 1 | amended by adding Section 2310-750 as follows: | ||||||
| 2 | (20 ILCS 2310/2310-750 new) | ||||||
| 3 | Sec. 2310-750. Menopause-related conditions awareness. | ||||||
| 4 | (a) The Department of Public Health must develop and make | ||||||
| 5 | publicly available educational materials regarding menopause | ||||||
| 6 | and perimenopause. | ||||||
| 7 | (b) The materials shall include, but are not limited to: | ||||||
| 8 | (1) common symptoms; | ||||||
| 9 | (2) evidence-based treatment options; and | ||||||
| 10 | (3) patient rights and available resources. | ||||||
| 11 | (c) The Department shall make materials available on its | ||||||
| 12 | website and may disseminate the materials through public | ||||||
| 13 | outreach efforts. | ||||||
| 14 | (d) The Department may designate and promote an annual | ||||||
| 15 | Menopause Awareness Week. | ||||||
| 16 | Section 10. The Illinois Insurance Code is amended by | ||||||
| 17 | adding Section 356g.5-5 as follows: | ||||||
| 18 | (215 ILCS 5/356g.5-5 new) | ||||||
| 19 | Sec. 356g.5-5. Menopause-related conditions. | ||||||
| 20 | (a) Any individual or group plan of accident or health | ||||||
| 21 | insurance amended, delivered, issued, or renewed on or after | ||||||
| 22 | January 1, 2028, shall provide coverage for medically | ||||||
| 23 | necessary evaluation and treatment of menopause and | ||||||
| |||||||
| |||||||
| 1 | perimenopause conditions as determined by a licensed health | ||||||
| 2 | care provider in accordance with current evidence-based | ||||||
| 3 | guidelines. | ||||||
| 4 | (b) Covered treatment shall include, but is not limited | ||||||
| 5 | to: (i) hormone therapy; (ii) non-hormonal therapies for | ||||||
| 6 | vasomotor symptoms; (iii) medications for menopause-related | ||||||
| 7 | osteoporosis; or (iv) other treatments as recommended by a | ||||||
| 8 | licensed health care provider. | ||||||
| 9 | (c) Insurers may voluntarily report menopause-related | ||||||
| 10 | claims to the Department of Insurance for policy analysis. | ||||||
| 11 | Section 15. The Medical Practice Act of 1987 is amended by | ||||||
| 12 | changing Section 20 as follows: | ||||||
| 13 | (225 ILCS 60/20) (from Ch. 111, par. 4400-20) | ||||||
| 14 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 15 | Sec. 20. Continuing education. The Department shall | ||||||
| 16 | promulgate rules of continuing education for persons licensed | ||||||
| 17 | under this Act that require an average of 50 hours of | ||||||
| 18 | continuing education per license year. These rules shall be | ||||||
| 19 | consistent with requirements of relevant professional | ||||||
| 20 | associations, specialty societies, or boards. The rules shall | ||||||
| 21 | also address variances in part or in whole for good cause, | ||||||
| 22 | including, but not limited to, temporary illness or hardship. | ||||||
| 23 | In establishing these rules, the Department shall consider | ||||||
| 24 | educational requirements for medical staffs, requirements for | ||||||
| |||||||
| |||||||
| 1 | specialty society board certification or for continuing | ||||||
| 2 | education requirements as a condition of membership in | ||||||
| 3 | societies representing the 2 categories of licensee under this | ||||||
| 4 | Act. These rules shall assure that licensees are given the | ||||||
| 5 | opportunity to participate in those programs sponsored by or | ||||||
| 6 | through their professional associations or hospitals which are | ||||||
| 7 | relevant to their practice. Each licensee is responsible for | ||||||
| 8 | maintaining records of completion of continuing education and | ||||||
| 9 | shall be prepared to produce the records when requested by the | ||||||
| 10 | Department. | ||||||
| 11 | The Department of Public Health may make voluntary | ||||||
| 12 | educational resources on evidence-based practices for managing | ||||||
| 13 | menopause available to support clinicians in providing | ||||||
| 14 | patient-based care. Participation in these resources is | ||||||
| 15 | entirely voluntary and is not required for licensure, | ||||||
| 16 | certification, or professional compliance. | ||||||
| 17 | (Source: P.A. 97-622, eff. 11-23-11.) | ||||||
| 18 | Section 20. The Illinois Human Rights Act is amended by | ||||||
| 19 | changing Section 1-103 as follows: | ||||||
| 20 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
| 21 | Sec. 1-103. General definitions. When used in this Act, | ||||||
| 22 | unless the context requires otherwise, the term: | ||||||
| 23 | (A) Age. "Age" means the chronological age of a person who | ||||||
| 24 | is at least 40 years old, except with regard to any practice | ||||||
| |||||||
| |||||||
| 1 | described in Section 2-102, insofar as that practice concerns | ||||||
| 2 | training or apprenticeship programs. In the case of training | ||||||
| 3 | or apprenticeship programs, for the purposes of Section 2-102, | ||||||
| 4 | "age" means the chronological age of a person who is 18 but not | ||||||
| 5 | yet 40 years old. | ||||||
| 6 | (B) Aggrieved party. "Aggrieved party" means a person who | ||||||
| 7 | is alleged or proved to have been injured by a civil rights | ||||||
| 8 | violation or believes he or she will be injured by a civil | ||||||
| 9 | rights violation under Article 3 that is about to occur. | ||||||
| 10 | (B-5) Arrest record. "Arrest record" means: | ||||||
| 11 | (1) an arrest not leading to a conviction; | ||||||
| 12 | (2) a juvenile record; or | ||||||
| 13 | (3) criminal history record information ordered | ||||||
| 14 | expunged, sealed, or impounded under Section 5.2 of the | ||||||
| 15 | Criminal Identification Act. | ||||||
| 16 | (C) Charge. "Charge" means an allegation filed with the | ||||||
| 17 | Department by an aggrieved party or initiated by the | ||||||
| 18 | Department under its authority. | ||||||
| 19 | (D) Civil rights violation. "Civil rights violation" | ||||||
| 20 | includes and shall be limited to only those specific acts set | ||||||
| 21 | forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||||||
| 22 | 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, | ||||||
| 23 | 5A-102, 6-101, 6-101.5, and 6-102 of this Act. | ||||||
| 24 | (E) Commission. "Commission" means the Human Rights | ||||||
| 25 | Commission created by this Act. | ||||||
| 26 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
| |||||||
| |||||||
| 1 | by the Department with the Commission following an | ||||||
| 2 | investigation and finding of substantial evidence of a civil | ||||||
| 3 | rights violation. | ||||||
| 4 | (G) Complainant. "Complainant" means a person including | ||||||
| 5 | the Department who files a charge of civil rights violation | ||||||
| 6 | with the Department or the Commission. | ||||||
| 7 | (G-5) Conviction record. "Conviction record" means | ||||||
| 8 | information indicating that a person has been convicted of a | ||||||
| 9 | felony, misdemeanor or other criminal offense, placed on | ||||||
| 10 | probation, fined, imprisoned, or paroled pursuant to any law | ||||||
| 11 | enforcement or military authority. | ||||||
| 12 | (H) Department. "Department" means the Department of Human | ||||||
| 13 | Rights created by this Act. | ||||||
| 14 | (I) Disability. | ||||||
| 15 | (1) "Disability" means a determinable physical or mental | ||||||
| 16 | characteristic of a person, including, but not limited to, a | ||||||
| 17 | determinable physical characteristic which necessitates the | ||||||
| 18 | person's use of a guide, hearing or support dog, the history of | ||||||
| 19 | such characteristic, or the perception of such characteristic | ||||||
| 20 | by the person complained against, which may result from | ||||||
| 21 | disease, injury, congenital condition of birth or functional | ||||||
| 22 | disorder and which characteristic: | ||||||
| 23 | (a) For purposes of Article 2, is unrelated to the | ||||||
| 24 | person's ability to perform the duties of a particular job | ||||||
| 25 | or position and, pursuant to Section 2-104 of this Act, a | ||||||
| 26 | person's illegal use of drugs or alcohol is not a | ||||||
| |||||||
| |||||||
| 1 | disability; | ||||||
| 2 | (b) For purposes of Article 3, is unrelated to the | ||||||
| 3 | person's ability to acquire, rent, or maintain a housing | ||||||
| 4 | accommodation; | ||||||
| 5 | (c) For purposes of Article 4, is unrelated to a | ||||||
| 6 | person's ability to repay; | ||||||
| 7 | (d) For purposes of Article 5, is unrelated to a | ||||||
| 8 | person's ability to utilize and benefit from a place of | ||||||
| 9 | public accommodation; | ||||||
| 10 | (e) For purposes of Article 5, also includes any | ||||||
| 11 | mental, psychological, or developmental disability, | ||||||
| 12 | including autism spectrum disorders. | ||||||
| 13 | (2) Discrimination based on disability includes unlawful | ||||||
| 14 | discrimination against an individual because of the | ||||||
| 15 | individual's association with a person with a disability. | ||||||
| 16 | (J) Marital status. "Marital status" means the legal | ||||||
| 17 | status of being married, single, separated, divorced, or | ||||||
| 18 | widowed. | ||||||
| 19 | (J-5) Menopause-related condition. "Menopause-related | ||||||
| 20 | condition" means perimenopause, menopause, and associated | ||||||
| 21 | medical or symptomatic conditions that include, but are not | ||||||
| 22 | limited to, vasomotor symptoms, sleep disruption, cognitive or | ||||||
| 23 | mood changes, and osteoporosis-related changes. | ||||||
| 24 | (J-1) Military status. "Military status" means a person's | ||||||
| 25 | status on active duty in or status as a veteran of the armed | ||||||
| 26 | forces of the United States, status as a current member or | ||||||
| |||||||
| |||||||
| 1 | veteran of any reserve component of the armed forces of the | ||||||
| 2 | United States, including the United States Army Reserve, | ||||||
| 3 | United States Marine Corps Reserve, United States Navy | ||||||
| 4 | Reserve, United States Air Force Reserve, and United States | ||||||
| 5 | Coast Guard Reserve, or status as a current member or veteran | ||||||
| 6 | of the Illinois Army National Guard or Illinois Air National | ||||||
| 7 | Guard. | ||||||
| 8 | (K) National origin. "National origin" means the place in | ||||||
| 9 | which a person or one of his or her ancestors was born. | ||||||
| 10 | (K-5) "Order of protection status" means a person's status | ||||||
| 11 | as being a person protected under an order of protection | ||||||
| 12 | issued pursuant to the Illinois Domestic Violence Act of 1986, | ||||||
| 13 | Article 112A of the Code of Criminal Procedure of 1963, the | ||||||
| 14 | Stalking No Contact Order Act, or the Civil No Contact Order | ||||||
| 15 | Act, or an order of protection issued by a court of another | ||||||
| 16 | state. | ||||||
| 17 | (L) Person. "Person" includes one or more individuals, | ||||||
| 18 | partnerships, associations or organizations, labor | ||||||
| 19 | organizations, labor unions, joint apprenticeship committees, | ||||||
| 20 | or union labor associations, corporations, the State of | ||||||
| 21 | Illinois and its instrumentalities, political subdivisions, | ||||||
| 22 | units of local government, legal representatives, trustees in | ||||||
| 23 | bankruptcy or receivers. | ||||||
| 24 | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | ||||||
| 25 | or medical or common conditions related to pregnancy or | ||||||
| 26 | childbirth. | ||||||
| |||||||
| |||||||
| 1 | (M) Public contract. "Public contract" includes every | ||||||
| 2 | contract to which the State, any of its political | ||||||
| 3 | subdivisions, or any municipal corporation is a party. | ||||||
| 4 | (M-5) Race. "Race" includes traits associated with race, | ||||||
| 5 | including, but not limited to, hair texture and protective | ||||||
| 6 | hairstyles such as braids, locks, and twists. | ||||||
| 7 | (N) Religion. "Religion" includes all aspects of religious | ||||||
| 8 | observance and practice, as well as belief, except that with | ||||||
| 9 | respect to employers, for the purposes of Article 2, | ||||||
| 10 | "religion" has the meaning ascribed to it in paragraph (F) of | ||||||
| 11 | Section 2-101. | ||||||
| 12 | (O) Sex. "Sex" means the status of being male or female. | ||||||
| 13 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
| 14 | actual or perceived heterosexuality, homosexuality, | ||||||
| 15 | bisexuality, or gender-related identity, whether or not | ||||||
| 16 | traditionally associated with the person's designated sex at | ||||||
| 17 | birth. "Sexual orientation" does not include a physical or | ||||||
| 18 | sexual attraction to a minor by an adult. | ||||||
| 19 | (O-2) Reproductive Health Decisions. "Reproductive Health | ||||||
| 20 | Decisions" means a person's decisions regarding the person's | ||||||
| 21 | use of: contraception; fertility or sterilization care; | ||||||
| 22 | assisted reproductive technologies; miscarriage management | ||||||
| 23 | care; healthcare related to the continuation or termination of | ||||||
| 24 | pregnancy; or prenatal, intranatal, or postnatal care. | ||||||
| 25 | (O-5) Source of income. "Source of income" means the | ||||||
| 26 | lawful manner by which an individual supports himself or | ||||||
| |||||||
| |||||||
| 1 | herself and his or her dependents. | ||||||
| 2 | (P) Unfavorable military discharge. "Unfavorable military | ||||||
| 3 | discharge" includes discharges from the Armed Forces of the | ||||||
| 4 | United States, their Reserve components, or any National Guard | ||||||
| 5 | or Naval Militia which are classified as RE-3 or the | ||||||
| 6 | equivalent thereof, but does not include those characterized | ||||||
| 7 | as RE-4 or "Dishonorable". | ||||||
| 8 | (Q) Unlawful discrimination. "Unlawful discrimination" | ||||||
| 9 | means discrimination against a person because of his or her | ||||||
| 10 | actual or perceived: race, color, religion, national origin, | ||||||
| 11 | ancestry, age, sex, marital status, order of protection | ||||||
| 12 | status, disability, military status, sexual orientation, | ||||||
| 13 | pregnancy, menopause-related condition, reproductive health | ||||||
| 14 | decisions, or unfavorable discharge from military service as | ||||||
| 15 | those terms are defined in this Section. | ||||||
| 16 | (Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; | ||||||
| 17 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. | ||||||
| 18 | 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785, | ||||||
| 19 | eff. 1-1-25.) | ||||||
| 20 | Section 25. The Illinois Human Rights Act is amended by | ||||||
| 21 | changing Section 2-102 as follows: | ||||||
| 22 | (775 ILCS 5/2-102) | ||||||
| 23 | Sec. 2-102. Civil rights violations; employment. It is a | ||||||
| 24 | civil rights violation: | ||||||
| |||||||
| |||||||
| 1 | (A) Employers. For any employer to refuse to hire, to | ||||||
| 2 | segregate, to engage in harassment as defined in | ||||||
| 3 | subsection (E-1) of Section 2-101, or to act with respect | ||||||
| 4 | to recruitment, hiring, promotion, renewal of employment, | ||||||
| 5 | selection for training or apprenticeship, discharge, | ||||||
| 6 | discipline, tenure or terms, privileges or conditions of | ||||||
| 7 | employment on the basis of unlawful discrimination, | ||||||
| 8 | citizenship status, work authorization status, or family | ||||||
| 9 | responsibilities. An employer is responsible for | ||||||
| 10 | harassment by the employer's nonmanagerial and | ||||||
| 11 | nonsupervisory employees only if the employer becomes | ||||||
| 12 | aware of the conduct and fails to take reasonable | ||||||
| 13 | corrective measures. | ||||||
| 14 | (A-5) Language. For an employer to impose a | ||||||
| 15 | restriction that has the effect of prohibiting a language | ||||||
| 16 | from being spoken by an employee in communications that | ||||||
| 17 | are unrelated to the employee's duties. | ||||||
| 18 | For the purposes of this subdivision (A-5), "language" | ||||||
| 19 | means a person's native tongue, such as Polish, Spanish, | ||||||
| 20 | or Chinese. "Language" does not include such things as | ||||||
| 21 | slang, jargon, profanity, or vulgarity. | ||||||
| 22 | (A-10) Harassment of nonemployees. For any employer, | ||||||
| 23 | employment agency, or labor organization to engage in | ||||||
| 24 | harassment of nonemployees in the workplace. An employer | ||||||
| 25 | is responsible for harassment of nonemployees by the | ||||||
| 26 | employer's nonmanagerial and nonsupervisory employees only | ||||||
| |||||||
| |||||||
| 1 | if the employer becomes aware of the conduct and fails to | ||||||
| 2 | take reasonable corrective measures. For the purposes of | ||||||
| 3 | this subdivision (A-10), "nonemployee" means a person who | ||||||
| 4 | is not otherwise an employee of the employer and is | ||||||
| 5 | directly performing services for the employer pursuant to | ||||||
| 6 | a contract with that employer. "Nonemployee" includes | ||||||
| 7 | contractors and consultants. This subdivision applies to | ||||||
| 8 | harassment occurring on or after January 1, 2020 (the | ||||||
| 9 | effective date of Public Act 101-221). | ||||||
| 10 | (B) Employment agency. For any employment agency to | ||||||
| 11 | fail or refuse to classify properly, accept applications | ||||||
| 12 | and register for employment referral or apprenticeship | ||||||
| 13 | referral, refer for employment, or refer for | ||||||
| 14 | apprenticeship on the basis of unlawful discrimination, | ||||||
| 15 | citizenship status, work authorization status, or family | ||||||
| 16 | responsibilities or to accept from any person any job | ||||||
| 17 | order, requisition or request for referral of applicants | ||||||
| 18 | for employment or apprenticeship which makes or has the | ||||||
| 19 | effect of making unlawful discrimination or discrimination | ||||||
| 20 | on the basis of citizenship status, work authorization | ||||||
| 21 | status, or family responsibilities a condition of | ||||||
| 22 | referral. | ||||||
| 23 | (C) Labor organization. For any labor organization to | ||||||
| 24 | limit, segregate or classify its membership, or to limit | ||||||
| 25 | employment opportunities, selection and training for | ||||||
| 26 | apprenticeship in any trade or craft, or otherwise to | ||||||
| |||||||
| |||||||
| 1 | take, or fail to take, any action which affects adversely | ||||||
| 2 | any person's status as an employee or as an applicant for | ||||||
| 3 | employment or as an apprentice, or as an applicant for | ||||||
| 4 | apprenticeships, or wages, tenure, hours of employment or | ||||||
| 5 | apprenticeship conditions on the basis of unlawful | ||||||
| 6 | discrimination, citizenship status, work authorization | ||||||
| 7 | status, or family responsibilities. | ||||||
| 8 | (D) Sexual harassment. For any employer, employee, | ||||||
| 9 | agent of any employer, employment agency or labor | ||||||
| 10 | organization to engage in sexual harassment; provided, | ||||||
| 11 | that an employer shall be responsible for sexual | ||||||
| 12 | harassment of the employer's employees by nonemployees or | ||||||
| 13 | nonmanagerial and nonsupervisory employees only if the | ||||||
| 14 | employer becomes aware of the conduct and fails to take | ||||||
| 15 | reasonable corrective measures. | ||||||
| 16 | (D-5) Sexual harassment of nonemployees. For any | ||||||
| 17 | employer, employee, agent of any employer, employment | ||||||
| 18 | agency, or labor organization to engage in sexual | ||||||
| 19 | harassment of nonemployees in the workplace. An employer | ||||||
| 20 | is responsible for sexual harassment of nonemployees by | ||||||
| 21 | the employer's nonmanagerial and nonsupervisory employees | ||||||
| 22 | only if the employer becomes aware of the conduct and | ||||||
| 23 | fails to take reasonable corrective measures. For the | ||||||
| 24 | purposes of this subdivision (D-5), "nonemployee" means a | ||||||
| 25 | person who is not otherwise an employee of the employer | ||||||
| 26 | and is directly performing services for the employer | ||||||
| |||||||
| |||||||
| 1 | pursuant to a contract with that employer. "Nonemployee" | ||||||
| 2 | includes contractors and consultants. This subdivision | ||||||
| 3 | applies to sexual harassment occurring on or after January | ||||||
| 4 | 1, 2020 (the effective date of Public Act 101-221). | ||||||
| 5 | (E) Public employers. For any public employer to | ||||||
| 6 | refuse to permit a public employee under its jurisdiction | ||||||
| 7 | who takes time off from work in order to practice his or | ||||||
| 8 | her religious beliefs to engage in work, during hours | ||||||
| 9 | other than such employee's regular working hours, | ||||||
| 10 | consistent with the operational needs of the employer and | ||||||
| 11 | in order to compensate for work time lost for such | ||||||
| 12 | religious reasons. Any employee who elects such deferred | ||||||
| 13 | work shall be compensated at the wage rate which he or she | ||||||
| 14 | would have earned during the originally scheduled work | ||||||
| 15 | period. The employer may require that an employee who | ||||||
| 16 | plans to take time off from work in order to practice his | ||||||
| 17 | or her religious beliefs provide the employer with a | ||||||
| 18 | notice of his or her intention to be absent from work not | ||||||
| 19 | exceeding 5 days prior to the date of absence. | ||||||
| 20 | (E-5) Religious discrimination. For any employer to | ||||||
| 21 | impose upon a person as a condition of obtaining or | ||||||
| 22 | retaining employment, including opportunities for | ||||||
| 23 | promotion, advancement, or transfer, any terms or | ||||||
| 24 | conditions that would require such person to violate or | ||||||
| 25 | forgo a sincerely held practice of his or her religion | ||||||
| 26 | including, but not limited to, the wearing of any attire, | ||||||
| |||||||
| |||||||
| 1 | clothing, or facial hair in accordance with the | ||||||
| 2 | requirements of his or her religion, unless, after | ||||||
| 3 | engaging in a bona fide effort, the employer demonstrates | ||||||
| 4 | that it is unable to reasonably accommodate the employee's | ||||||
| 5 | or prospective employee's sincerely held religious belief, | ||||||
| 6 | practice, or observance without undue hardship on the | ||||||
| 7 | conduct of the employer's business. | ||||||
| 8 | Nothing in this Section prohibits an employer from | ||||||
| 9 | enacting a dress code or grooming policy that may include | ||||||
| 10 | restrictions on attire, clothing, or facial hair to | ||||||
| 11 | maintain workplace safety or food sanitation. | ||||||
| 12 | (F) Training and apprenticeship programs. For any | ||||||
| 13 | employer, employment agency or labor organization to | ||||||
| 14 | discriminate against a person on the basis of age in the | ||||||
| 15 | selection, referral for or conduct of apprenticeship or | ||||||
| 16 | training programs. | ||||||
| 17 | (G) Immigration-related practices. | ||||||
| 18 | (1) for an employer to request for purposes of | ||||||
| 19 | satisfying the requirements of Section 1324a(b) of | ||||||
| 20 | Title 8 of the United States Code, as now or hereafter | ||||||
| 21 | amended, more or different documents than are required | ||||||
| 22 | under such Section or to refuse to honor documents | ||||||
| 23 | tendered that on their face reasonably appear to be | ||||||
| 24 | genuine or to refuse to honor work authorization based | ||||||
| 25 | upon the specific status or term of status that | ||||||
| 26 | accompanies the authorization to work; or | ||||||
| |||||||
| |||||||
| 1 | (2) for an employer participating in the E-Verify | ||||||
| 2 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
| 3 | Programs for Employment Eligibility Confirmation | ||||||
| 4 | (enacted by PL 104-208, div. C title IV, subtitle A) to | ||||||
| 5 | refuse to hire, to segregate, or to act with respect to | ||||||
| 6 | recruitment, hiring, promotion, renewal of employment, | ||||||
| 7 | selection for training or apprenticeship, discharge, | ||||||
| 8 | discipline, tenure or terms, privileges or conditions | ||||||
| 9 | of employment without following the procedures under | ||||||
| 10 | the E-Verify Program. | ||||||
| 11 | (H) (Blank). | ||||||
| 12 | (I) Pregnancy. For an employer to refuse to hire, to | ||||||
| 13 | segregate, or to act with respect to recruitment, hiring, | ||||||
| 14 | promotion, renewal of employment, selection for training | ||||||
| 15 | or apprenticeship, discharge, discipline, tenure or terms, | ||||||
| 16 | privileges or conditions of employment on the basis of | ||||||
| 17 | pregnancy, childbirth, or medical or common conditions | ||||||
| 18 | related to pregnancy or childbirth. Women affected by | ||||||
| 19 | pregnancy, childbirth, or medical or common conditions | ||||||
| 20 | related to pregnancy or childbirth shall be treated the | ||||||
| 21 | same for all employment-related purposes, including | ||||||
| 22 | receipt of benefits under fringe benefit programs, as | ||||||
| 23 | other persons not so affected but similar in their ability | ||||||
| 24 | or inability to work, regardless of the source of the | ||||||
| 25 | inability to work or employment classification or status. | ||||||
| 26 | (J) Pregnancy; reasonable accommodations. | ||||||
| |||||||
| |||||||
| 1 | (1) If after a job applicant or employee, | ||||||
| 2 | including a part-time, full-time, or probationary | ||||||
| 3 | employee, requests a reasonable accommodation, for an | ||||||
| 4 | employer to not make reasonable accommodations for any | ||||||
| 5 | medical or common condition of a job applicant or | ||||||
| 6 | employee related to pregnancy or childbirth, unless | ||||||
| 7 | the employer can demonstrate that the accommodation | ||||||
| 8 | would impose an undue hardship on the ordinary | ||||||
| 9 | operation of the business of the employer. The | ||||||
| 10 | employer may request documentation from the employee's | ||||||
| 11 | health care provider concerning the need for the | ||||||
| 12 | requested reasonable accommodation or accommodations | ||||||
| 13 | to the same extent documentation is requested for | ||||||
| 14 | conditions related to disability if the employer's | ||||||
| 15 | request for documentation is job-related and | ||||||
| 16 | consistent with business necessity. The employer may | ||||||
| 17 | require only the medical justification for the | ||||||
| 18 | requested accommodation or accommodations, a | ||||||
| 19 | description of the reasonable accommodation or | ||||||
| 20 | accommodations medically advisable, the date the | ||||||
| 21 | reasonable accommodation or accommodations became | ||||||
| 22 | medically advisable, and the probable duration of the | ||||||
| 23 | reasonable accommodation or accommodations. It is the | ||||||
| 24 | duty of the individual seeking a reasonable | ||||||
| 25 | accommodation or accommodations to submit to the | ||||||
| 26 | employer any documentation that is requested in | ||||||
| |||||||
| |||||||
| 1 | accordance with this paragraph. Notwithstanding the | ||||||
| 2 | provisions of this paragraph, the employer may require | ||||||
| 3 | documentation by the employee's health care provider | ||||||
| 4 | to determine compliance with other laws. The employee | ||||||
| 5 | and employer shall engage in a timely, good faith, and | ||||||
| 6 | meaningful exchange to determine effective reasonable | ||||||
| 7 | accommodations. | ||||||
| 8 | (2) For an employer to deny employment | ||||||
| 9 | opportunities or benefits to or take adverse action | ||||||
| 10 | against an otherwise qualified job applicant or | ||||||
| 11 | employee, including a part-time, full-time, or | ||||||
| 12 | probationary employee, if the denial or adverse action | ||||||
| 13 | is based on the need of the employer to make reasonable | ||||||
| 14 | accommodations to the known medical or common | ||||||
| 15 | conditions related to the pregnancy or childbirth of | ||||||
| 16 | the applicant or employee. | ||||||
| 17 | (3) For an employer to require a job applicant or | ||||||
| 18 | employee, including a part-time, full-time, or | ||||||
| 19 | probationary employee, affected by pregnancy, | ||||||
| 20 | childbirth, or medical or common conditions related to | ||||||
| 21 | pregnancy or childbirth to accept an accommodation | ||||||
| 22 | when the applicant or employee did not request an | ||||||
| 23 | accommodation and the applicant or employee chooses | ||||||
| 24 | not to accept the employer's accommodation. | ||||||
| 25 | (4) For an employer to require an employee, | ||||||
| 26 | including a part-time, full-time, or probationary | ||||||
| |||||||
| |||||||
| 1 | employee, to take leave under any leave law or policy | ||||||
| 2 | of the employer if another reasonable accommodation | ||||||
| 3 | can be provided to the known medical or common | ||||||
| 4 | conditions related to the pregnancy or childbirth of | ||||||
| 5 | an employee. No employer shall fail or refuse to | ||||||
| 6 | reinstate the employee affected by pregnancy, | ||||||
| 7 | childbirth, or medical or common conditions related to | ||||||
| 8 | pregnancy or childbirth to her original job or to an | ||||||
| 9 | equivalent position with equivalent pay and | ||||||
| 10 | accumulated seniority, retirement, fringe benefits, | ||||||
| 11 | and other applicable service credits upon her | ||||||
| 12 | signifying her intent to return or when her need for | ||||||
| 13 | reasonable accommodation ceases, unless the employer | ||||||
| 14 | can demonstrate that the accommodation would impose an | ||||||
| 15 | undue hardship on the ordinary operation of the | ||||||
| 16 | business of the employer. | ||||||
| 17 | For the purposes of this subdivision (J), "reasonable | ||||||
| 18 | accommodations" means reasonable modifications or | ||||||
| 19 | adjustments to the job application process or work | ||||||
| 20 | environment, or to the manner or circumstances under which | ||||||
| 21 | the position desired or held is customarily performed, | ||||||
| 22 | that enable an applicant or employee affected by | ||||||
| 23 | pregnancy, childbirth, or medical or common conditions | ||||||
| 24 | related to pregnancy or childbirth to be considered for | ||||||
| 25 | the position the applicant desires or to perform the | ||||||
| 26 | essential functions of that position, and may include, but | ||||||
| |||||||
| |||||||
| 1 | is not limited to: more frequent or longer bathroom | ||||||
| 2 | breaks, breaks for increased water intake, and breaks for | ||||||
| 3 | periodic rest; private non-bathroom space for expressing | ||||||
| 4 | breast milk and breastfeeding; seating; assistance with | ||||||
| 5 | manual labor; light duty; temporary transfer to a less | ||||||
| 6 | strenuous or hazardous position; the provision of an | ||||||
| 7 | accessible worksite; acquisition or modification of | ||||||
| 8 | equipment; job restructuring; a part-time or modified work | ||||||
| 9 | schedule; appropriate adjustment or modifications of | ||||||
| 10 | examinations, training materials, or policies; | ||||||
| 11 | reassignment to a vacant position; time off to recover | ||||||
| 12 | from conditions related to childbirth; and leave | ||||||
| 13 | necessitated by pregnancy, childbirth, or medical or | ||||||
| 14 | common conditions resulting from pregnancy or childbirth. | ||||||
| 15 | For the purposes of this subdivision (J), "undue | ||||||
| 16 | hardship" means an action that is prohibitively expensive | ||||||
| 17 | or disruptive when considered in light of the following | ||||||
| 18 | factors: (i) the nature and cost of the accommodation | ||||||
| 19 | needed; (ii) the overall financial resources of the | ||||||
| 20 | facility or facilities involved in the provision of the | ||||||
| 21 | reasonable accommodation, the number of persons employed | ||||||
| 22 | at the facility, the effect on expenses and resources, or | ||||||
| 23 | the impact otherwise of the accommodation upon the | ||||||
| 24 | operation of the facility; (iii) the overall financial | ||||||
| 25 | resources of the employer, the overall size of the | ||||||
| 26 | business of the employer with respect to the number of its | ||||||
| |||||||
| |||||||
| 1 | employees, and the number, type, and location of its | ||||||
| 2 | facilities; and (iv) the type of operation or operations | ||||||
| 3 | of the employer, including the composition, structure, and | ||||||
| 4 | functions of the workforce of the employer, the geographic | ||||||
| 5 | separateness, administrative, or fiscal relationship of | ||||||
| 6 | the facility or facilities in question to the employer. | ||||||
| 7 | The employer has the burden of proving undue hardship. The | ||||||
| 8 | fact that the employer provides or would be required to | ||||||
| 9 | provide a similar accommodation to similarly situated | ||||||
| 10 | employees creates a rebuttable presumption that the | ||||||
| 11 | accommodation does not impose an undue hardship on the | ||||||
| 12 | employer. | ||||||
| 13 | No employer is required by this subdivision (J) to | ||||||
| 14 | create additional employment that the employer would not | ||||||
| 15 | otherwise have created, unless the employer does so or | ||||||
| 16 | would do so for other classes of employees who need | ||||||
| 17 | accommodation. The employer is not required to discharge | ||||||
| 18 | any employee, transfer any employee with more seniority, | ||||||
| 19 | or promote any employee who is not qualified to perform | ||||||
| 20 | the job, unless the employer does so or would do so to | ||||||
| 21 | accommodate other classes of employees who need it. | ||||||
| 22 | (J-1) Menopause-related condition. For an employer to | ||||||
| 23 | discriminate in any way or refuse or fail to provide | ||||||
| 24 | reasonable accommodations for an employee because of a | ||||||
| 25 | menopause-related condition is a civil rights violation | ||||||
| 26 | under this Act. Reasonable accommodations may include, but | ||||||
| |||||||
| |||||||
| 1 | are not limited to, flexible scheduling or modified work | ||||||
| 2 | hours; temperature control or climate-adjusted workspace; | ||||||
| 3 | private spaces for rest or symptom management; remote work | ||||||
| 4 | options; and light-duty assignments if safe and feasible. | ||||||
| 5 | Employers must engage in a timely, good-faith interactive | ||||||
| 6 | process with employees who request accommodations under | ||||||
| 7 | this subsection. Employers must post notices of the rights | ||||||
| 8 | provided in this subsection and provide them to employees | ||||||
| 9 | on beginning employment or on request. | ||||||
| 10 | (K) Notice. | ||||||
| 11 | (1) For an employer to fail to post or keep posted | ||||||
| 12 | in a conspicuous location on the premises of the | ||||||
| 13 | employer where notices to employees are customarily | ||||||
| 14 | posted, or fail to include in any employee handbook | ||||||
| 15 | information concerning an employee's rights under this | ||||||
| 16 | Article, a notice, to be prepared or approved by the | ||||||
| 17 | Department, summarizing the requirements of this | ||||||
| 18 | Article and information pertaining to the filing of a | ||||||
| 19 | charge, including the right to be free from unlawful | ||||||
| 20 | discrimination, the right to be free from sexual | ||||||
| 21 | harassment, and the right to certain reasonable | ||||||
| 22 | accommodations. The Department shall make the | ||||||
| 23 | documents required under this paragraph available for | ||||||
| 24 | retrieval from the Department's website. | ||||||
| 25 | (2) Upon notification of a violation of paragraph | ||||||
| 26 | (1) of this subdivision (K), the Department may launch | ||||||
| |||||||
| |||||||
| 1 | a preliminary investigation. If the Department finds a | ||||||
| 2 | violation, the Department may issue a notice to show | ||||||
| 3 | cause giving the employer 30 days to correct the | ||||||
| 4 | violation. If the violation is not corrected, the | ||||||
| 5 | Department may initiate a charge of a civil rights | ||||||
| 6 | violation. | ||||||
| 7 | (L) Use of artificial intelligence. | ||||||
| 8 | (1) With respect to recruitment, hiring, | ||||||
| 9 | promotion, renewal of employment, selection for | ||||||
| 10 | training or apprenticeship, discharge, discipline, | ||||||
| 11 | tenure, or the terms, privileges, or conditions of | ||||||
| 12 | employment, for an employer to use artificial | ||||||
| 13 | intelligence that has the effect of subjecting | ||||||
| 14 | employees to discrimination on the basis of protected | ||||||
| 15 | classes under this Article or to use zip codes as a | ||||||
| 16 | proxy for protected classes under this Article. | ||||||
| 17 | (2) For an employer to fail to provide notice to an | ||||||
| 18 | employee that the employer is using artificial | ||||||
| 19 | intelligence for the purposes described in paragraph | ||||||
| 20 | (1). | ||||||
| 21 | The Department shall adopt any rules necessary for the | ||||||
| 22 | implementation and enforcement of this subdivision, | ||||||
| 23 | including, but not limited to, rules on the circumstances | ||||||
| 24 | and conditions that require notice, the time period for | ||||||
| 25 | providing notice, and the means for providing notice. | ||||||
| 26 | (Source: P.A. 103-797, eff. 1-1-25; 103-804, eff. 1-1-26; | ||||||
| |||||||
| |||||||
| 1 | 104-417, eff. 8-15-25.) | ||||||
| 2 | Section 97. Severability. The provisions of this Act are | ||||||
| 3 | severable under Section 1.31 of the Statute on Statutes.". | ||||||
