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-Senate_Amendment_003.html

Sen. Kimberly A. Lightford

Filed: 5/18/2026

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5284

2    AMENDMENT NO. ______. Amend House Bill 5284 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Illinois
5Menopause Equity and Care Act.
 
6    Section 3. Legislative purpose and intent. The purpose of
7this Act is to improve awareness, understanding, and quality
8of care for individuals experiencing menopause. This Act
9encourages voluntary professional education and promotes
10equitable, patient-based care throughout Illinois. This Act
11also recognizes menopause-related conditions as a factor for
12consideration under workplace protections and health equity
13initiatives.
 
14    Section 5. The Department of Public Health Powers and
15Duties Law of the Civil Administrative Code of Illinois is

 

 

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1amended 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
5publicly available educational materials regarding menopause
6and 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
12website and may disseminate the materials through public
13outreach efforts.
14    (d) The Department may designate and promote an annual
15Menopause Awareness Week.    
 
16    Section 10. The Illinois Insurance Code is amended by
17changing Sections 356z.56 and 356z.74 as follows:
 
18    (215 ILCS 5/356z.56)
19    Sec. 356z.56. Coverage for hormonal and non-hormonal
20therapy to treat menopause and perimenopause. A group or
21individual policy of accident and health insurance or a
22managed care plan that is amended, delivered, issued, or
23renewed in this State shall provide coverage for medically

 

 

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1necessary hormone therapy treatment to treat menopause that
2has been induced by a hysterectomy. This coverage applies only
3to coverage provided on or after January 1, 2024 and before
4January 1, 2026.
5    A group or individual policy of accident and health
6insurance or a managed care plan that is amended, delivered,
7issued, or renewed on or after January 1, 2026 shall provide
8coverage for medically necessary hormonal and non-hormonal
9therapy to treat menopausal and perimenopausal symptoms or
10conditions if the therapy is recommended by a qualified health
11care provider who is licensed, accredited, or certified under
12Illinois law and the therapy has been proven safe and
13effective in peer-reviewed scientific studies and is
14prescribed in accordance with current evidence-based
15guidelines. Coverage for therapy to treat menopausal and
16perimenopausal symptoms or conditions shall include all
17federal Food and Drug Administration-approved modalities of
18hormonal and non-hormonal administration, including, but not
19limited to, oral, transdermal, topical, and vaginal rings.
20Coverage shall include medications for menopause-related
21osteoporosis and non-hormonal therapies for vasomotor
22symptoms.    
23(Source: P.A. 102-804, eff. 1-1-23; 103-154, eff. 6-30-23;
24103-703, eff. 1-1-26.)
 
25    (215 ILCS 5/356z.74)

 

 

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1    Sec. 356z.74. Coverage for annual menopause and
2perimenopause health visit. A group or individual policy of
3accident and health insurance providing coverage for more than
425 employees that is amended, delivered, issued, or renewed on
5or after January 1, 2026 shall provide, for individuals 45
6years of age and older, coverage for an annual menopause or
7perimenopause health visit. A policy subject to this Section
8shall not impose a deductible, coinsurance, copayment, or any
9other cost-sharing requirement on the coverage provided;
10except that this Section does not apply to this coverage to the
11extent such coverage would disqualify a high-deductible health
12plan from eligibility for a health savings account pursuant to
13Section 223 of the Internal Revenue Code.
14(Source: P.A. 103-751, eff. 8-2-24; 104-417, eff. 8-15-25.)
 
15    Section 15. The Medical Practice Act of 1987 is amended by
16changing Section 20 as follows:
 
17    (225 ILCS 60/20)  (from Ch. 111, par. 4400-20)
18    (Section scheduled to be repealed on January 1, 2027)
19    Sec. 20. Continuing education. The Department shall
20promulgate rules of continuing education for persons licensed
21under this Act that require an average of 50 hours of
22continuing education per license year. These rules shall be
23consistent with requirements of relevant professional
24associations, specialty societies, or boards. The rules shall

 

 

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1also address variances in part or in whole for good cause,
2including, but not limited to, temporary illness or hardship.
3In establishing these rules, the Department shall consider
4educational requirements for medical staffs, requirements for
5specialty society board certification or for continuing
6education requirements as a condition of membership in
7societies representing the 2 categories of licensee under this
8Act. These rules shall assure that licensees are given the
9opportunity to participate in those programs sponsored by or
10through their professional associations or hospitals which are
11relevant to their practice. Each licensee is responsible for
12maintaining records of completion of continuing education and
13shall be prepared to produce the records when requested by the
14Department.     
15    The Department of Public Health may make voluntary
16educational resources on evidence-based practices for managing
17menopause available to support clinicians in providing
18patient-based care. Participation in these resources is
19entirely voluntary and is not required for licensure,
20certification, or professional compliance.    
21(Source: P.A. 97-622, eff. 11-23-11.)
 
22    Section 20. The Illinois Human Rights Act is amended by
23changing Sections 1-103 and 2-102 as follows:
 
24    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)

 

 

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1    Sec. 1-103. General definitions. When used in this Act,
2unless the context requires otherwise, the term:
3    (A) Age. "Age" means the chronological age of a person who
4is at least 40 years old, except with regard to any practice
5described in Section 2-102, insofar as that practice concerns
6training or apprenticeship programs. In the case of training
7or apprenticeship programs, for the purposes of Section 2-102,
8"age" means the chronological age of a person who is 18 but not
9yet 40 years old.
10    (B) Aggrieved party. "Aggrieved party" means a person who
11is alleged or proved to have been injured by a civil rights
12violation or believes he or she will be injured by a civil
13rights violation under Article 3 that is about to occur.
14    (B-5) Arrest record. "Arrest record" means:
15        (1) an arrest not leading to a conviction;
16        (2) a juvenile record; or
17        (3) criminal history record information ordered
18    expunged, sealed, or impounded under Section 5.2 of the
19    Criminal Identification Act.
20    (C) Charge. "Charge" means an allegation filed with the
21Department by an aggrieved party or initiated by the
22Department under its authority.
23    (D) Civil rights violation. "Civil rights violation"
24includes and shall be limited to only those specific acts set
25forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
263-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,

 

 

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15A-102, 6-101, 6-101.5, and 6-102 of this Act.
2    (E) Commission. "Commission" means the Human Rights
3Commission created by this Act.
4    (F) Complaint. "Complaint" means the formal pleading filed
5by the Department with the Commission following an
6investigation and finding of substantial evidence of a civil
7rights violation.
8    (G) Complainant. "Complainant" means a person including
9the Department who files a charge of civil rights violation
10with the Department or the Commission.
11    (G-5) Conviction record. "Conviction record" means
12information indicating that a person has been convicted of a
13felony, misdemeanor or other criminal offense, placed on
14probation, fined, imprisoned, or paroled pursuant to any law
15enforcement or military authority.
16    (H) Department. "Department" means the Department of Human
17Rights created by this Act.
18    (I) Disability.
19    (1) "Disability" means a determinable physical or mental
20characteristic of a person, including, but not limited to, a
21determinable physical characteristic which necessitates the
22person's use of a guide, hearing or support dog, the history of
23such characteristic, or the perception of such characteristic
24by the person complained against, which may result from
25disease, injury, congenital condition of birth or functional
26disorder and which characteristic:

 

 

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1        (a) For purposes of Article 2, is unrelated to the
2    person's ability to perform the duties of a particular job
3    or position and, pursuant to Section 2-104 of this Act, a
4    person's illegal use of drugs or alcohol is not a
5    disability;
6        (b) For purposes of Article 3, is unrelated to the
7    person's ability to acquire, rent, or maintain a housing
8    accommodation;
9        (c) For purposes of Article 4, is unrelated to a
10    person's ability to repay;
11        (d) For purposes of Article 5, is unrelated to a
12    person's ability to utilize and benefit from a place of
13    public accommodation;
14        (e) For purposes of Article 5, also includes any
15    mental, psychological, or developmental disability,
16    including autism spectrum disorders.
17    (2) Discrimination based on disability includes unlawful
18discrimination against an individual because of the
19individual's association with a person with a disability.
20    (J) Marital status. "Marital status" means the legal
21status of being married, single, separated, divorced, or
22widowed.
23    (J-1) Military status. "Military status" means a person's
24status on active duty in or status as a veteran of the armed
25forces of the United States, status as a current member or
26veteran of any reserve component of the armed forces of the

 

 

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1United States, including the United States Army Reserve,
2United States Marine Corps Reserve, United States Navy
3Reserve, United States Air Force Reserve, and United States
4Coast Guard Reserve, or status as a current member or veteran
5of the Illinois Army National Guard or Illinois Air National
6Guard.
7    (J-5) Menopause-related condition. "Menopause-related
8condition" means perimenopause, menopause, and associated
9medical or symptomatic conditions that include, but are not
10limited to, vasomotor symptoms, sleep disruption, cognitive or
11mood changes, and osteoporosis-related changes.    
12    (K) National origin. "National origin" means the place in
13which a person or one of his or her ancestors was born.
14    (K-5) "Order of protection status" means a person's status
15as being a person protected under an order of protection
16issued pursuant to the Illinois Domestic Violence Act of 1986,
17Article 112A of the Code of Criminal Procedure of 1963, the
18Stalking No Contact Order Act, or the Civil No Contact Order
19Act, or an order of protection issued by a court of another
20state.
21    (L) Person. "Person" includes one or more individuals,
22partnerships, associations or organizations, labor
23organizations, labor unions, joint apprenticeship committees,
24or union labor associations, corporations, the State of
25Illinois and its instrumentalities, political subdivisions,
26units of local government, legal representatives, trustees in

 

 

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1bankruptcy or receivers.
2    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
3or medical or common conditions related to pregnancy or
4childbirth, including menopause-related conditions.     
5    (M) Public contract. "Public contract" includes every
6contract to which the State, any of its political
7subdivisions, or any municipal corporation is a party.
8    (M-5) Race. "Race" includes traits associated with race,
9including, but not limited to, hair texture and protective
10hairstyles such as braids, locks, and twists.
11    (N) Religion. "Religion" includes all aspects of religious
12observance and practice, as well as belief, except that with
13respect to employers, for the purposes of Article 2,
14"religion" has the meaning ascribed to it in paragraph (F) of
15Section 2-101.
16    (O) Sex. "Sex" means the status of being male or female.
17    (O-1) Sexual orientation. "Sexual orientation" means
18actual or perceived heterosexuality, homosexuality,
19bisexuality, or gender-related identity, whether or not
20traditionally associated with the person's designated sex at
21birth. "Sexual orientation" does not include a physical or
22sexual attraction to a minor by an adult.
23    (O-2) Reproductive Health Decisions. "Reproductive Health
24Decisions" means a person's decisions regarding the person's
25use of: contraception; fertility or sterilization care;
26assisted reproductive technologies; miscarriage management

 

 

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1care; healthcare related to the continuation or termination of
2pregnancy; or prenatal, intranatal, or postnatal care.
3    (O-5) Source of income. "Source of income" means the
4lawful manner by which an individual supports himself or
5herself and his or her dependents.
6    (P) Unfavorable military discharge. "Unfavorable military
7discharge" includes discharges from the Armed Forces of the
8United States, their Reserve components, or any National Guard
9or Naval Militia which are classified as RE-3 or the
10equivalent thereof, but does not include those characterized
11as RE-4 or "Dishonorable".
12    (Q) Unlawful discrimination. "Unlawful discrimination"
13means discrimination against a person because of his or her
14actual or perceived: race, color, religion, national origin,
15ancestry, age, sex, marital status, order of protection
16status, disability, military status, sexual orientation,
17pregnancy, reproductive health decisions, or unfavorable
18discharge from military service as those terms are defined in
19this Section.
20(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22;
21102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff.
221-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785,
23eff. 1-1-25.)
 
24    (775 ILCS 5/2-102)
25    Sec. 2-102. Civil rights violations; employment. It is a

 

 

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1civil rights violation:
2        (A) Employers. For any employer to refuse to hire, to
3    segregate, to engage in harassment as defined in
4    subsection (E-1) of Section 2-101, or to act with respect
5    to recruitment, hiring, promotion, renewal of employment,
6    selection for training or apprenticeship, discharge,
7    discipline, tenure or terms, privileges or conditions of
8    employment on the basis of unlawful discrimination,
9    citizenship status, work authorization status, or family
10    responsibilities. An employer is responsible for
11    harassment by the employer's nonmanagerial and
12    nonsupervisory employees only if the employer becomes
13    aware of the conduct and fails to take reasonable
14    corrective measures.
15        (A-5) Language. For an employer to impose a
16    restriction that has the effect of prohibiting a language
17    from being spoken by an employee in communications that
18    are unrelated to the employee's duties.
19        For the purposes of this subdivision (A-5), "language"
20    means a person's native tongue, such as Polish, Spanish,
21    or Chinese. "Language" does not include such things as
22    slang, jargon, profanity, or vulgarity.
23        (A-10) Harassment of nonemployees. For any employer,
24    employment agency, or labor organization to engage in
25    harassment of nonemployees in the workplace. An employer
26    is responsible for harassment of nonemployees by the

 

 

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1    employer's nonmanagerial and nonsupervisory employees only
2    if the employer becomes aware of the conduct and fails to
3    take reasonable corrective measures. For the purposes of
4    this subdivision (A-10), "nonemployee" means a person who
5    is not otherwise an employee of the employer and is
6    directly performing services for the employer pursuant to
7    a contract with that employer. "Nonemployee" includes
8    contractors and consultants. This subdivision applies to
9    harassment occurring on or after January 1, 2020 (the
10    effective date of Public Act 101-221).
11        (B) Employment agency. For any employment agency to
12    fail or refuse to classify properly, accept applications
13    and register for employment referral or apprenticeship
14    referral, refer for employment, or refer for
15    apprenticeship on the basis of unlawful discrimination,
16    citizenship status, work authorization status, or family
17    responsibilities or to accept from any person any job
18    order, requisition or request for referral of applicants
19    for employment or apprenticeship which makes or has the
20    effect of making unlawful discrimination or discrimination
21    on the basis of citizenship status, work authorization
22    status, or family responsibilities a condition of
23    referral.
24        (C) Labor organization. For any labor organization to
25    limit, segregate or classify its membership, or to limit
26    employment opportunities, selection and training for

 

 

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1    apprenticeship in any trade or craft, or otherwise to
2    take, or fail to take, any action which affects adversely
3    any person's status as an employee or as an applicant for
4    employment or as an apprentice, or as an applicant for
5    apprenticeships, or wages, tenure, hours of employment or
6    apprenticeship conditions on the basis of unlawful
7    discrimination, citizenship status, work authorization
8    status, or family responsibilities.
9        (D) Sexual harassment. For any employer, employee,
10    agent of any employer, employment agency or labor
11    organization to engage in sexual harassment; provided,
12    that an employer shall be responsible for sexual
13    harassment of the employer's employees by nonemployees or
14    nonmanagerial and nonsupervisory employees only if the
15    employer becomes aware of the conduct and fails to take
16    reasonable corrective measures.
17        (D-5) Sexual harassment of nonemployees. For any
18    employer, employee, agent of any employer, employment
19    agency, or labor organization to engage in sexual
20    harassment of nonemployees in the workplace. An employer
21    is responsible for sexual harassment of nonemployees by
22    the employer's nonmanagerial and nonsupervisory employees
23    only if the employer becomes aware of the conduct and
24    fails to take reasonable corrective measures. For the
25    purposes of this subdivision (D-5), "nonemployee" means a
26    person who is not otherwise an employee of the employer

 

 

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1    and is directly performing services for the employer
2    pursuant to a contract with that employer. "Nonemployee"
3    includes contractors and consultants. This subdivision
4    applies to sexual harassment occurring on or after January
5    1, 2020 (the effective date of Public Act 101-221).
6        (E) Public employers. For any public employer to
7    refuse to permit a public employee under its jurisdiction
8    who takes time off from work in order to practice his or
9    her religious beliefs to engage in work, during hours
10    other than such employee's regular working hours,
11    consistent with the operational needs of the employer and
12    in order to compensate for work time lost for such
13    religious reasons. Any employee who elects such deferred
14    work shall be compensated at the wage rate which he or she
15    would have earned during the originally scheduled work
16    period. The employer may require that an employee who
17    plans to take time off from work in order to practice his
18    or her religious beliefs provide the employer with a
19    notice of his or her intention to be absent from work not
20    exceeding 5 days prior to the date of absence.
21        (E-5) Religious discrimination. For any employer to
22    impose upon a person as a condition of obtaining or
23    retaining employment, including opportunities for
24    promotion, advancement, or transfer, any terms or
25    conditions that would require such person to violate or
26    forgo a sincerely held practice of his or her religion

 

 

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1    including, but not limited to, the wearing of any attire,
2    clothing, or facial hair in accordance with the
3    requirements of his or her religion, unless, after
4    engaging in a bona fide effort, the employer demonstrates
5    that it is unable to reasonably accommodate the employee's
6    or prospective employee's sincerely held religious belief,
7    practice, or observance without undue hardship on the
8    conduct of the employer's business.
9        Nothing in this Section prohibits an employer from
10    enacting a dress code or grooming policy that may include
11    restrictions on attire, clothing, or facial hair to
12    maintain workplace safety or food sanitation.
13        (F) Training and apprenticeship programs. For any
14    employer, employment agency or labor organization to
15    discriminate against a person on the basis of age in the
16    selection, referral for or conduct of apprenticeship or
17    training programs.
18        (G) Immigration-related practices.
19            (1) for an employer to request for purposes of
20        satisfying the requirements of Section 1324a(b) of
21        Title 8 of the United States Code, as now or hereafter
22        amended, more or different documents than are required
23        under such Section or to refuse to honor documents
24        tendered that on their face reasonably appear to be
25        genuine or to refuse to honor work authorization based
26        upon the specific status or term of status that

 

 

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1        accompanies the authorization to work; or
2            (2) for an employer participating in the E-Verify
3        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
4        Programs for Employment Eligibility Confirmation
5        (enacted by PL 104-208, div. C title IV, subtitle A) to
6        refuse to hire, to segregate, or to act with respect to
7        recruitment, hiring, promotion, renewal of employment,
8        selection for training or apprenticeship, discharge,
9        discipline, tenure or terms, privileges or conditions
10        of employment without following the procedures under
11        the E-Verify Program.
12        (H) (Blank).
13        (I) Pregnancy. For an employer to refuse to hire, to
14    segregate, or to act with respect to recruitment, hiring,
15    promotion, renewal of employment, selection for training
16    or apprenticeship, discharge, discipline, tenure or terms,
17    privileges or conditions of employment on the basis of
18    pregnancy, childbirth, or medical or common conditions
19    related to pregnancy or childbirth. Women affected by
20    pregnancy, childbirth, or medical or common conditions
21    related to pregnancy or childbirth shall be treated the
22    same for all employment-related purposes, including
23    receipt of benefits under fringe benefit programs, as
24    other persons not so affected but similar in their ability
25    or inability to work, regardless of the source of the
26    inability to work or employment classification or status.

 

 

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1        (J) Pregnancy; reasonable accommodations.
2            (1) If after a job applicant or employee,
3        including a part-time, full-time, or probationary
4        employee, requests a reasonable accommodation, for an
5        employer to not make reasonable accommodations for any
6        medical or common condition of a job applicant or
7        employee related to pregnancy or childbirth, unless
8        the employer can demonstrate that the accommodation
9        would impose an undue hardship on the ordinary
10        operation of the business of the employer. The
11        employer may request documentation from the employee's
12        health care provider concerning the need for the
13        requested reasonable accommodation or accommodations
14        to the same extent documentation is requested for
15        conditions related to disability if the employer's
16        request for documentation is job-related and
17        consistent with business necessity. The employer may
18        require only the medical justification for the
19        requested accommodation or accommodations, a
20        description of the reasonable accommodation or
21        accommodations medically advisable, the date the
22        reasonable accommodation or accommodations became
23        medically advisable, and the probable duration of the
24        reasonable accommodation or accommodations. It is the
25        duty of the individual seeking a reasonable
26        accommodation or accommodations to submit to the

 

 

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1        employer any documentation that is requested in
2        accordance with this paragraph. Notwithstanding the
3        provisions of this paragraph, the employer may require
4        documentation by the employee's health care provider
5        to determine compliance with other laws. The employee
6        and employer shall engage in a timely, good faith, and
7        meaningful exchange to determine effective reasonable
8        accommodations.
9            (2) For an employer to deny employment
10        opportunities or benefits to or take adverse action
11        against an otherwise qualified job applicant or
12        employee, including a part-time, full-time, or
13        probationary employee, if the denial or adverse action
14        is based on the need of the employer to make reasonable
15        accommodations to the known medical or common
16        conditions related to the pregnancy or childbirth of
17        the applicant or employee.
18            (3) For an employer to require a job applicant or
19        employee, including a part-time, full-time, or
20        probationary employee, affected by pregnancy,
21        childbirth, or medical or common conditions related to
22        pregnancy or childbirth to accept an accommodation
23        when the applicant or employee did not request an
24        accommodation and the applicant or employee chooses
25        not to accept the employer's accommodation.
26            (4) For an employer to require an employee,

 

 

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1        including a part-time, full-time, or probationary
2        employee, to take leave under any leave law or policy
3        of the employer if another reasonable accommodation
4        can be provided to the known medical or common
5        conditions related to the pregnancy or childbirth of
6        an employee. No employer shall fail or refuse to
7        reinstate the employee affected by pregnancy,
8        childbirth, or medical or common conditions related to
9        pregnancy or childbirth to her original job or to an
10        equivalent position with equivalent pay and
11        accumulated seniority, retirement, fringe benefits,
12        and other applicable service credits upon her
13        signifying her intent to return or when her need for
14        reasonable accommodation ceases, unless the employer
15        can demonstrate that the accommodation would impose an
16        undue hardship on the ordinary operation of the
17        business of the employer.
18        For the purposes of this subdivision (J), "reasonable
19    accommodations" means reasonable modifications or
20    adjustments to the job application process or work
21    environment, or to the manner or circumstances under which
22    the position desired or held is customarily performed,
23    that enable an applicant or employee affected by
24    pregnancy, childbirth, or medical or common conditions
25    related to pregnancy or childbirth to be considered for
26    the position the applicant desires or to perform the

 

 

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1    essential functions of that position, and may include, but
2    is not limited to: more frequent or longer bathroom
3    breaks, breaks for increased water intake, and breaks for
4    periodic rest; private non-bathroom space for expressing
5    breast milk and breastfeeding; seating; assistance with
6    manual labor; light duty; temporary transfer to a less
7    strenuous or hazardous position; the provision of an
8    accessible worksite; acquisition or modification of
9    equipment; job restructuring; a part-time or modified work
10    schedule; appropriate adjustment or modifications of
11    examinations, training materials, or policies; flexible
12    scheduling or modified work hours; temperature or
13    climate-adjusted workspace; reassignment to a vacant
14    position; time off to recover from conditions related to
15    childbirth; and leave necessitated by pregnancy,
16    childbirth, or medical or common conditions resulting from
17    pregnancy or childbirth.
18        For the purposes of this subdivision (J), "undue
19    hardship" means an action that is prohibitively expensive
20    or disruptive when considered in light of the following
21    factors: (i) the nature and cost of the accommodation
22    needed; (ii) the overall financial resources of the
23    facility or facilities involved in the provision of the
24    reasonable accommodation, the number of persons employed
25    at the facility, the effect on expenses and resources, or
26    the impact otherwise of the accommodation upon the

 

 

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1    operation of the facility; (iii) the overall financial
2    resources of the employer, the overall size of the
3    business of the employer with respect to the number of its
4    employees, and the number, type, and location of its
5    facilities; and (iv) the type of operation or operations
6    of the employer, including the composition, structure, and
7    functions of the workforce of the employer, the geographic
8    separateness, administrative, or fiscal relationship of
9    the facility or facilities in question to the employer.
10    The employer has the burden of proving undue hardship. The
11    fact that the employer provides or would be required to
12    provide a similar accommodation to similarly situated
13    employees creates a rebuttable presumption that the
14    accommodation does not impose an undue hardship on the
15    employer.
16        No employer is required by this subdivision (J) to
17    create additional employment that the employer would not
18    otherwise have created, unless the employer does so or
19    would do so for other classes of employees who need
20    accommodation. The employer is not required to discharge
21    any employee, transfer any employee with more seniority,
22    or promote any employee who is not qualified to perform
23    the job, unless the employer does so or would do so to
24    accommodate other classes of employees who need it.
25        (K) Notice.
26            (1) For an employer to fail to post or keep posted

 

 

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1        in a conspicuous location on the premises of the
2        employer where notices to employees are customarily
3        posted, or fail to include in any employee handbook
4        information concerning an employee's rights under this
5        Article, a notice, to be prepared or approved by the
6        Department, summarizing the requirements of this
7        Article and information pertaining to the filing of a
8        charge, including the right to be free from unlawful
9        discrimination, the right to be free from sexual
10        harassment, and the right to certain reasonable
11        accommodations, including the right to reasonable
12        accommodations for pregnancy, which includes the right
13        to reasonable accommodations for menopause-related
14        conditions. The Department shall make the documents
15        required under this paragraph available for retrieval
16        from the Department's website.
17            (2) Upon notification of a violation of paragraph
18        (1) of this subdivision (K), the Department may launch
19        a preliminary investigation. If the Department finds a
20        violation, the Department may issue a notice to show
21        cause giving the employer 30 days to correct the
22        violation. If the violation is not corrected, the
23        Department may initiate a charge of a civil rights
24        violation.
25        (L) Use of artificial intelligence.
26            (1) With respect to recruitment, hiring,

 

 

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1        promotion, renewal of employment, selection for
2        training or apprenticeship, discharge, discipline,
3        tenure, or the terms, privileges, or conditions of
4        employment, for an employer to use artificial
5        intelligence that has the effect of subjecting
6        employees to discrimination on the basis of protected
7        classes under this Article or to use zip codes as a
8        proxy for protected classes under this Article.
9            (2) For an employer to fail to provide notice to an
10        employee that the employer is using artificial
11        intelligence for the purposes described in paragraph
12        (1).
13        The Department shall adopt any rules necessary for the
14    implementation and enforcement of this subdivision,
15    including, but not limited to, rules on the circumstances
16    and conditions that require notice, the time period for
17    providing notice, and the means for providing notice.
18(Source: P.A. 103-797, eff. 1-1-25; 103-804, eff. 1-1-26;
19104-417, eff. 8-15-25.)
 
20    Section 97. Severability. The provisions of this Act are
21severable under Section 1.31 of the Statute on Statutes.
 
22    Section 99. Effective date. This Act takes effect January
231, 2027, except that the changes to Sections 356z.56 and
24356z.74 of the Illinois Insurance Code take effect January 1,

 

 

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12028.".
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