Bill Text: IL HB5284 | 2025-2026 | 104th General Assembly | Enrolled
Bill Title: Reinserts the provisions of the engrossed bill with the following changes. In the Illinois Insurance Code: deletes changes affecting menopause-related conditions; provides that a group or individual policy of accident and health insurance or a managed care plan must provide coverage for medically necessary hormonal and non-hormonal therapy to treat menopausal and perimenopausal symptoms or conditions if the therapy is recommended by a qualified health care provider and the therapy has been proven safe and effective in peer-reviewed scientific studies and is prescribed in accordance with current evidence-based guidelines; provides that coverage for therapy to treat menopausal and perimenopausal symptoms or conditions must include all federal Food and Drug Administration-approved modalities of hormonal and non-hormonal administration; and provides that coverage must include medications for menopause-related osteoporosis and non-hormonal therapies for vasomotor symptoms. In the Illinois Human Rights Act, removes menopause-related conditions from the definition of "unlawful discrimination". In the Employment Article of the Illinois Human Rights Act: provides that "reasonable accommodations" for pregnancy include flexible scheduling or modified work hours and temperature or climate-adjusted workspace; removes language providing that it is a civil rights violation for an employer to discriminate in any way or refuse or fail to provide reasonable accommodations for an employee because of a menopause-related condition; and provides that the notice summarizing the requirements of the Article must include information about the right to reasonable accommodations for pregnancy, which includes the right to reasonable accommodations for menopause-related conditions. Effective January 1, 2027, except that the changes to the Illinois Insurance Code take effect January 1, 2028.
Sponsorship: Partisan Bill (Democrat 63-2)
Status: (Passed) 2026-08-07 - Public Act . . . . . . . . . 104-0793 [HB5284 Detail]
Download: Illinois-2025-HB5284-Enrolled.html
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| 1 | AN ACT concerning civil law. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 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 | ||||||
| 16 | amended by adding Section 2310-750 as follows: | ||||||
| 17 | (20 ILCS 2310/2310-750 new) | ||||||
| 18 | Sec. 2310-750. Menopause-related conditions awareness. | ||||||
| 19 | (a) The Department of Public Health must develop and make | ||||||
| 20 | publicly available educational materials regarding menopause | ||||||
| 21 | and perimenopause. | ||||||
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| 1 | (b) The materials shall include, but are not limited to: | ||||||
| 2 | (1) common symptoms; | ||||||
| 3 | (2) evidence-based treatment options; and | ||||||
| 4 | (3) patient rights and available resources. | ||||||
| 5 | (c) The Department shall make materials available on its | ||||||
| 6 | website and may disseminate the materials through public | ||||||
| 7 | outreach efforts. | ||||||
| 8 | (d) The Department may designate and promote an annual | ||||||
| 9 | Menopause Awareness Week. | ||||||
| 10 | Section 10. The Illinois Insurance Code is amended by | ||||||
| 11 | changing Sections 356z.56 and 356z.74 as follows: | ||||||
| 12 | (215 ILCS 5/356z.56) | ||||||
| 13 | Sec. 356z.56. Coverage for hormonal and non-hormonal | ||||||
| 14 | therapy to treat menopause and perimenopause. A group or | ||||||
| 15 | individual policy of accident and health insurance or a | ||||||
| 16 | managed care plan that is amended, delivered, issued, or | ||||||
| 17 | renewed in this State shall provide coverage for medically | ||||||
| 18 | necessary hormone therapy treatment to treat menopause that | ||||||
| 19 | has been induced by a hysterectomy. This coverage applies only | ||||||
| 20 | to coverage provided on or after January 1, 2024 and before | ||||||
| 21 | January 1, 2026. | ||||||
| 22 | A group or individual policy of accident and health | ||||||
| 23 | insurance or a managed care plan that is amended, delivered, | ||||||
| 24 | issued, or renewed on or after January 1, 2026 shall provide | ||||||
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| 1 | coverage for medically necessary hormonal and non-hormonal | ||||||
| 2 | therapy to treat menopausal and perimenopausal symptoms or | ||||||
| 3 | conditions if the therapy is recommended by a qualified health | ||||||
| 4 | care provider who is licensed, accredited, or certified under | ||||||
| 5 | Illinois law and the therapy has been proven safe and | ||||||
| 6 | effective in peer-reviewed scientific studies and is | ||||||
| 7 | prescribed in accordance with current evidence-based | ||||||
| 8 | guidelines. Coverage for therapy to treat menopausal and | ||||||
| 9 | perimenopausal symptoms or conditions shall include all | ||||||
| 10 | federal Food and Drug Administration-approved modalities of | ||||||
| 11 | hormonal and non-hormonal administration, including, but not | ||||||
| 12 | limited to, oral, transdermal, topical, and vaginal rings. | ||||||
| 13 | Coverage shall include medications for menopause-related | ||||||
| 14 | osteoporosis and non-hormonal therapies for vasomotor | ||||||
| 15 | symptoms. | ||||||
| 16 | (Source: P.A. 102-804, eff. 1-1-23; 103-154, eff. 6-30-23; | ||||||
| 17 | 103-703, eff. 1-1-26.) | ||||||
| 18 | (215 ILCS 5/356z.74) | ||||||
| 19 | Sec. 356z.74. Coverage for annual menopause and | ||||||
| 20 | perimenopause health visit. A group or individual policy of | ||||||
| 21 | accident and health insurance providing coverage for more than | ||||||
| 22 | 25 employees that is amended, delivered, issued, or renewed on | ||||||
| 23 | or after January 1, 2026 shall provide, for individuals 45 | ||||||
| 24 | years of age and older, coverage for an annual menopause or | ||||||
| 25 | perimenopause health visit. A policy subject to this Section | ||||||
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| 1 | shall not impose a deductible, coinsurance, copayment, or any | ||||||
| 2 | other cost-sharing requirement on the coverage provided; | ||||||
| 3 | except that this Section does not apply to this coverage to the | ||||||
| 4 | extent such coverage would disqualify a high-deductible health | ||||||
| 5 | plan from eligibility for a health savings account pursuant to | ||||||
| 6 | Section 223 of the Internal Revenue Code. | ||||||
| 7 | (Source: P.A. 103-751, eff. 8-2-24; 104-417, eff. 8-15-25.) | ||||||
| 8 | Section 15. The Medical Practice Act of 1987 is amended by | ||||||
| 9 | changing Section 20 as follows: | ||||||
| 10 | (225 ILCS 60/20) (from Ch. 111, par. 4400-20) | ||||||
| 11 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 12 | Sec. 20. Continuing education. The Department shall | ||||||
| 13 | promulgate rules of continuing education for persons licensed | ||||||
| 14 | under this Act that require an average of 50 hours of | ||||||
| 15 | continuing education per license year. These rules shall be | ||||||
| 16 | consistent with requirements of relevant professional | ||||||
| 17 | associations, specialty societies, or boards. The rules shall | ||||||
| 18 | also address variances in part or in whole for good cause, | ||||||
| 19 | including, but not limited to, temporary illness or hardship. | ||||||
| 20 | In establishing these rules, the Department shall consider | ||||||
| 21 | educational requirements for medical staffs, requirements for | ||||||
| 22 | specialty society board certification or for continuing | ||||||
| 23 | education requirements as a condition of membership in | ||||||
| 24 | societies representing the 2 categories of licensee under this | ||||||
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| 1 | Act. These rules shall assure that licensees are given the | ||||||
| 2 | opportunity to participate in those programs sponsored by or | ||||||
| 3 | through their professional associations or hospitals which are | ||||||
| 4 | relevant to their practice. Each licensee is responsible for | ||||||
| 5 | maintaining records of completion of continuing education and | ||||||
| 6 | shall be prepared to produce the records when requested by the | ||||||
| 7 | Department. | ||||||
| 8 | The Department of Public Health may make voluntary | ||||||
| 9 | educational resources on evidence-based practices for managing | ||||||
| 10 | menopause available to support clinicians in providing | ||||||
| 11 | patient-based care. Participation in these resources is | ||||||
| 12 | entirely voluntary and is not required for licensure, | ||||||
| 13 | certification, or professional compliance. | ||||||
| 14 | (Source: P.A. 97-622, eff. 11-23-11.) | ||||||
| 15 | Section 20. The Illinois Human Rights Act is amended by | ||||||
| 16 | changing Sections 1-103 and 2-102 as follows: | ||||||
| 17 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
| 18 | Sec. 1-103. General definitions. When used in this Act, | ||||||
| 19 | unless the context requires otherwise, the term: | ||||||
| 20 | (A) Age. "Age" means the chronological age of a person who | ||||||
| 21 | is at least 40 years old, except with regard to any practice | ||||||
| 22 | described in Section 2-102, insofar as that practice concerns | ||||||
| 23 | training or apprenticeship programs. In the case of training | ||||||
| 24 | or apprenticeship programs, for the purposes of Section 2-102, | ||||||
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| 1 | "age" means the chronological age of a person who is 18 but not | ||||||
| 2 | yet 40 years old. | ||||||
| 3 | (B) Aggrieved party. "Aggrieved party" means a person who | ||||||
| 4 | is alleged or proved to have been injured by a civil rights | ||||||
| 5 | violation or believes he or she will be injured by a civil | ||||||
| 6 | rights violation under Article 3 that is about to occur. | ||||||
| 7 | (B-5) Arrest record. "Arrest record" means: | ||||||
| 8 | (1) an arrest not leading to a conviction; | ||||||
| 9 | (2) a juvenile record; or | ||||||
| 10 | (3) criminal history record information ordered | ||||||
| 11 | expunged, sealed, or impounded under Section 5.2 of the | ||||||
| 12 | Criminal Identification Act. | ||||||
| 13 | (C) Charge. "Charge" means an allegation filed with the | ||||||
| 14 | Department by an aggrieved party or initiated by the | ||||||
| 15 | Department under its authority. | ||||||
| 16 | (D) Civil rights violation. "Civil rights violation" | ||||||
| 17 | includes and shall be limited to only those specific acts set | ||||||
| 18 | forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||||||
| 19 | 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, | ||||||
| 20 | 5A-102, 6-101, 6-101.5, and 6-102 of this Act. | ||||||
| 21 | (E) Commission. "Commission" means the Human Rights | ||||||
| 22 | Commission created by this Act. | ||||||
| 23 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
| 24 | by the Department with the Commission following an | ||||||
| 25 | investigation and finding of substantial evidence of a civil | ||||||
| 26 | rights violation. | ||||||
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| 1 | (G) Complainant. "Complainant" means a person including | ||||||
| 2 | the Department who files a charge of civil rights violation | ||||||
| 3 | with the Department or the Commission. | ||||||
| 4 | (G-5) Conviction record. "Conviction record" means | ||||||
| 5 | information indicating that a person has been convicted of a | ||||||
| 6 | felony, misdemeanor or other criminal offense, placed on | ||||||
| 7 | probation, fined, imprisoned, or paroled pursuant to any law | ||||||
| 8 | enforcement or military authority. | ||||||
| 9 | (H) Department. "Department" means the Department of Human | ||||||
| 10 | Rights created by this Act. | ||||||
| 11 | (I) Disability. | ||||||
| 12 | (1) "Disability" means a determinable physical or mental | ||||||
| 13 | characteristic of a person, including, but not limited to, a | ||||||
| 14 | determinable physical characteristic which necessitates the | ||||||
| 15 | person's use of a guide, hearing or support dog, the history of | ||||||
| 16 | such characteristic, or the perception of such characteristic | ||||||
| 17 | by the person complained against, which may result from | ||||||
| 18 | disease, injury, congenital condition of birth or functional | ||||||
| 19 | disorder and which characteristic: | ||||||
| 20 | (a) For purposes of Article 2, is unrelated to the | ||||||
| 21 | person's ability to perform the duties of a particular job | ||||||
| 22 | or position and, pursuant to Section 2-104 of this Act, a | ||||||
| 23 | person's illegal use of drugs or alcohol is not a | ||||||
| 24 | disability; | ||||||
| 25 | (b) For purposes of Article 3, is unrelated to the | ||||||
| 26 | person's ability to acquire, rent, or maintain a housing | ||||||
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| 1 | accommodation; | ||||||
| 2 | (c) For purposes of Article 4, is unrelated to a | ||||||
| 3 | person's ability to repay; | ||||||
| 4 | (d) For purposes of Article 5, is unrelated to a | ||||||
| 5 | person's ability to utilize and benefit from a place of | ||||||
| 6 | public accommodation; | ||||||
| 7 | (e) For purposes of Article 5, also includes any | ||||||
| 8 | mental, psychological, or developmental disability, | ||||||
| 9 | including autism spectrum disorders. | ||||||
| 10 | (2) Discrimination based on disability includes unlawful | ||||||
| 11 | discrimination against an individual because of the | ||||||
| 12 | individual's association with a person with a disability. | ||||||
| 13 | (J) Marital status. "Marital status" means the legal | ||||||
| 14 | status of being married, single, separated, divorced, or | ||||||
| 15 | widowed. | ||||||
| 16 | (J-1) Military status. "Military status" means a person's | ||||||
| 17 | status on active duty in or status as a veteran of the armed | ||||||
| 18 | forces of the United States, status as a current member or | ||||||
| 19 | veteran of any reserve component of the armed forces of the | ||||||
| 20 | United States, including the United States Army Reserve, | ||||||
| 21 | United States Marine Corps Reserve, United States Navy | ||||||
| 22 | Reserve, United States Air Force Reserve, and United States | ||||||
| 23 | Coast Guard Reserve, or status as a current member or veteran | ||||||
| 24 | of the Illinois Army National Guard or Illinois Air National | ||||||
| 25 | Guard. | ||||||
| 26 | (J-5) Menopause-related condition. "Menopause-related | ||||||
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| 1 | condition" means perimenopause, menopause, and associated | ||||||
| 2 | medical or symptomatic conditions that include, but are not | ||||||
| 3 | limited to, vasomotor symptoms, sleep disruption, cognitive or | ||||||
| 4 | mood changes, and osteoporosis-related changes. | ||||||
| 5 | (K) National origin. "National origin" means the place in | ||||||
| 6 | which a person or one of his or her ancestors was born. | ||||||
| 7 | (K-5) "Order of protection status" means a person's status | ||||||
| 8 | as being a person protected under an order of protection | ||||||
| 9 | issued pursuant to the Illinois Domestic Violence Act of 1986, | ||||||
| 10 | Article 112A of the Code of Criminal Procedure of 1963, the | ||||||
| 11 | Stalking No Contact Order Act, or the Civil No Contact Order | ||||||
| 12 | Act, or an order of protection issued by a court of another | ||||||
| 13 | state. | ||||||
| 14 | (L) Person. "Person" includes one or more individuals, | ||||||
| 15 | partnerships, associations or organizations, labor | ||||||
| 16 | organizations, labor unions, joint apprenticeship committees, | ||||||
| 17 | or union labor associations, corporations, the State of | ||||||
| 18 | Illinois and its instrumentalities, political subdivisions, | ||||||
| 19 | units of local government, legal representatives, trustees in | ||||||
| 20 | bankruptcy or receivers. | ||||||
| 21 | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | ||||||
| 22 | or medical or common conditions related to pregnancy or | ||||||
| 23 | childbirth, including menopause-related conditions. | ||||||
| 24 | (M) Public contract. "Public contract" includes every | ||||||
| 25 | contract to which the State, any of its political | ||||||
| 26 | subdivisions, or any municipal corporation is a party. | ||||||
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| 1 | (M-5) Race. "Race" includes traits associated with race, | ||||||
| 2 | including, but not limited to, hair texture and protective | ||||||
| 3 | hairstyles such as braids, locks, and twists. | ||||||
| 4 | (N) Religion. "Religion" includes all aspects of religious | ||||||
| 5 | observance and practice, as well as belief, except that with | ||||||
| 6 | respect to employers, for the purposes of Article 2, | ||||||
| 7 | "religion" has the meaning ascribed to it in paragraph (F) of | ||||||
| 8 | Section 2-101. | ||||||
| 9 | (O) Sex. "Sex" means the status of being male or female. | ||||||
| 10 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
| 11 | actual or perceived heterosexuality, homosexuality, | ||||||
| 12 | bisexuality, or gender-related identity, whether or not | ||||||
| 13 | traditionally associated with the person's designated sex at | ||||||
| 14 | birth. "Sexual orientation" does not include a physical or | ||||||
| 15 | sexual attraction to a minor by an adult. | ||||||
| 16 | (O-2) Reproductive Health Decisions. "Reproductive Health | ||||||
| 17 | Decisions" means a person's decisions regarding the person's | ||||||
| 18 | use of: contraception; fertility or sterilization care; | ||||||
| 19 | assisted reproductive technologies; miscarriage management | ||||||
| 20 | care; healthcare related to the continuation or termination of | ||||||
| 21 | pregnancy; or prenatal, intranatal, or postnatal care. | ||||||
| 22 | (O-5) Source of income. "Source of income" means the | ||||||
| 23 | lawful manner by which an individual supports himself or | ||||||
| 24 | herself and his or her dependents. | ||||||
| 25 | (P) Unfavorable military discharge. "Unfavorable military | ||||||
| 26 | discharge" includes discharges from the Armed Forces of the | ||||||
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| 1 | United States, their Reserve components, or any National Guard | ||||||
| 2 | or Naval Militia which are classified as RE-3 or the | ||||||
| 3 | equivalent thereof, but does not include those characterized | ||||||
| 4 | as RE-4 or "Dishonorable". | ||||||
| 5 | (Q) Unlawful discrimination. "Unlawful discrimination" | ||||||
| 6 | means discrimination against a person because of his or her | ||||||
| 7 | actual or perceived: race, color, religion, national origin, | ||||||
| 8 | ancestry, age, sex, marital status, order of protection | ||||||
| 9 | status, disability, military status, sexual orientation, | ||||||
| 10 | pregnancy, reproductive health decisions, or unfavorable | ||||||
| 11 | discharge from military service as those terms are defined in | ||||||
| 12 | this Section. | ||||||
| 13 | (Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; | ||||||
| 14 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. | ||||||
| 15 | 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785, | ||||||
| 16 | eff. 1-1-25.) | ||||||
| 17 | (775 ILCS 5/2-102) | ||||||
| 18 | Sec. 2-102. Civil rights violations; employment. It is a | ||||||
| 19 | civil rights violation: | ||||||
| 20 | (A) Employers. For any employer to refuse to hire, to | ||||||
| 21 | segregate, to engage in harassment as defined in | ||||||
| 22 | subsection (E-1) of Section 2-101, or to act with respect | ||||||
| 23 | to recruitment, hiring, promotion, renewal of employment, | ||||||
| 24 | selection for training or apprenticeship, discharge, | ||||||
| 25 | discipline, tenure or terms, privileges or conditions of | ||||||
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| 1 | employment on the basis of unlawful discrimination, | ||||||
| 2 | citizenship status, work authorization status, or family | ||||||
| 3 | responsibilities. An employer is responsible for | ||||||
| 4 | harassment by the employer's nonmanagerial and | ||||||
| 5 | nonsupervisory employees only if the employer becomes | ||||||
| 6 | aware of the conduct and fails to take reasonable | ||||||
| 7 | corrective measures. | ||||||
| 8 | (A-5) Language. For an employer to impose a | ||||||
| 9 | restriction that has the effect of prohibiting a language | ||||||
| 10 | from being spoken by an employee in communications that | ||||||
| 11 | are unrelated to the employee's duties. | ||||||
| 12 | For the purposes of this subdivision (A-5), "language" | ||||||
| 13 | means a person's native tongue, such as Polish, Spanish, | ||||||
| 14 | or Chinese. "Language" does not include such things as | ||||||
| 15 | slang, jargon, profanity, or vulgarity. | ||||||
| 16 | (A-10) Harassment of nonemployees. For any employer, | ||||||
| 17 | employment agency, or labor organization to engage in | ||||||
| 18 | harassment of nonemployees in the workplace. An employer | ||||||
| 19 | is responsible for harassment of nonemployees by the | ||||||
| 20 | employer's nonmanagerial and nonsupervisory employees only | ||||||
| 21 | if the employer becomes aware of the conduct and fails to | ||||||
| 22 | take reasonable corrective measures. For the purposes of | ||||||
| 23 | this subdivision (A-10), "nonemployee" means a person who | ||||||
| 24 | is not otherwise an employee of the employer and is | ||||||
| 25 | directly performing services for the employer pursuant to | ||||||
| 26 | a contract with that employer. "Nonemployee" includes | ||||||
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| 1 | contractors and consultants. This subdivision applies to | ||||||
| 2 | harassment occurring on or after January 1, 2020 (the | ||||||
| 3 | effective date of Public Act 101-221). | ||||||
| 4 | (B) Employment agency. For any employment agency to | ||||||
| 5 | fail or refuse to classify properly, accept applications | ||||||
| 6 | and register for employment referral or apprenticeship | ||||||
| 7 | referral, refer for employment, or refer for | ||||||
| 8 | apprenticeship on the basis of unlawful discrimination, | ||||||
| 9 | citizenship status, work authorization status, or family | ||||||
| 10 | responsibilities or to accept from any person any job | ||||||
| 11 | order, requisition or request for referral of applicants | ||||||
| 12 | for employment or apprenticeship which makes or has the | ||||||
| 13 | effect of making unlawful discrimination or discrimination | ||||||
| 14 | on the basis of citizenship status, work authorization | ||||||
| 15 | status, or family responsibilities a condition of | ||||||
| 16 | referral. | ||||||
| 17 | (C) Labor organization. For any labor organization to | ||||||
| 18 | limit, segregate or classify its membership, or to limit | ||||||
| 19 | employment opportunities, selection and training for | ||||||
| 20 | apprenticeship in any trade or craft, or otherwise to | ||||||
| 21 | take, or fail to take, any action which affects adversely | ||||||
| 22 | any person's status as an employee or as an applicant for | ||||||
| 23 | employment or as an apprentice, or as an applicant for | ||||||
| 24 | apprenticeships, or wages, tenure, hours of employment or | ||||||
| 25 | apprenticeship conditions on the basis of unlawful | ||||||
| 26 | discrimination, citizenship status, work authorization | ||||||
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| 1 | status, or family responsibilities. | ||||||
| 2 | (D) Sexual harassment. For any employer, employee, | ||||||
| 3 | agent of any employer, employment agency or labor | ||||||
| 4 | organization to engage in sexual harassment; provided, | ||||||
| 5 | that an employer shall be responsible for sexual | ||||||
| 6 | harassment of the employer's employees by nonemployees or | ||||||
| 7 | nonmanagerial and nonsupervisory employees only if the | ||||||
| 8 | employer becomes aware of the conduct and fails to take | ||||||
| 9 | reasonable corrective measures. | ||||||
| 10 | (D-5) Sexual harassment of nonemployees. For any | ||||||
| 11 | employer, employee, agent of any employer, employment | ||||||
| 12 | agency, or labor organization to engage in sexual | ||||||
| 13 | harassment of nonemployees in the workplace. An employer | ||||||
| 14 | is responsible for sexual harassment of nonemployees by | ||||||
| 15 | the employer's nonmanagerial and nonsupervisory employees | ||||||
| 16 | only if the employer becomes aware of the conduct and | ||||||
| 17 | fails to take reasonable corrective measures. For the | ||||||
| 18 | purposes of this subdivision (D-5), "nonemployee" means a | ||||||
| 19 | person who is not otherwise an employee of the employer | ||||||
| 20 | and is directly performing services for the employer | ||||||
| 21 | pursuant to a contract with that employer. "Nonemployee" | ||||||
| 22 | includes contractors and consultants. This subdivision | ||||||
| 23 | applies to sexual harassment occurring on or after January | ||||||
| 24 | 1, 2020 (the effective date of Public Act 101-221). | ||||||
| 25 | (E) Public employers. For any public employer to | ||||||
| 26 | refuse to permit a public employee under its jurisdiction | ||||||
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| 1 | who takes time off from work in order to practice his or | ||||||
| 2 | her religious beliefs to engage in work, during hours | ||||||
| 3 | other than such employee's regular working hours, | ||||||
| 4 | consistent with the operational needs of the employer and | ||||||
| 5 | in order to compensate for work time lost for such | ||||||
| 6 | religious reasons. Any employee who elects such deferred | ||||||
| 7 | work shall be compensated at the wage rate which he or she | ||||||
| 8 | would have earned during the originally scheduled work | ||||||
| 9 | period. The employer may require that an employee who | ||||||
| 10 | plans to take time off from work in order to practice his | ||||||
| 11 | or her religious beliefs provide the employer with a | ||||||
| 12 | notice of his or her intention to be absent from work not | ||||||
| 13 | exceeding 5 days prior to the date of absence. | ||||||
| 14 | (E-5) Religious discrimination. For any employer to | ||||||
| 15 | impose upon a person as a condition of obtaining or | ||||||
| 16 | retaining employment, including opportunities for | ||||||
| 17 | promotion, advancement, or transfer, any terms or | ||||||
| 18 | conditions that would require such person to violate or | ||||||
| 19 | forgo a sincerely held practice of his or her religion | ||||||
| 20 | including, but not limited to, the wearing of any attire, | ||||||
| 21 | clothing, or facial hair in accordance with the | ||||||
| 22 | requirements of his or her religion, unless, after | ||||||
| 23 | engaging in a bona fide effort, the employer demonstrates | ||||||
| 24 | that it is unable to reasonably accommodate the employee's | ||||||
| 25 | or prospective employee's sincerely held religious belief, | ||||||
| 26 | practice, or observance without undue hardship on the | ||||||
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| 1 | conduct of the employer's business. | ||||||
| 2 | Nothing in this Section prohibits an employer from | ||||||
| 3 | enacting a dress code or grooming policy that may include | ||||||
| 4 | restrictions on attire, clothing, or facial hair to | ||||||
| 5 | maintain workplace safety or food sanitation. | ||||||
| 6 | (F) Training and apprenticeship programs. For any | ||||||
| 7 | employer, employment agency or labor organization to | ||||||
| 8 | discriminate against a person on the basis of age in the | ||||||
| 9 | selection, referral for or conduct of apprenticeship or | ||||||
| 10 | training programs. | ||||||
| 11 | (G) Immigration-related practices. | ||||||
| 12 | (1) for an employer to request for purposes of | ||||||
| 13 | satisfying the requirements of Section 1324a(b) of | ||||||
| 14 | Title 8 of the United States Code, as now or hereafter | ||||||
| 15 | amended, more or different documents than are required | ||||||
| 16 | under such Section or to refuse to honor documents | ||||||
| 17 | tendered that on their face reasonably appear to be | ||||||
| 18 | genuine or to refuse to honor work authorization based | ||||||
| 19 | upon the specific status or term of status that | ||||||
| 20 | accompanies the authorization to work; or | ||||||
| 21 | (2) for an employer participating in the E-Verify | ||||||
| 22 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
| 23 | Programs for Employment Eligibility Confirmation | ||||||
| 24 | (enacted by PL 104-208, div. C title IV, subtitle A) to | ||||||
| 25 | refuse to hire, to segregate, or to act with respect to | ||||||
| 26 | recruitment, hiring, promotion, renewal of employment, | ||||||
| |||||||
| |||||||
| 1 | selection for training or apprenticeship, discharge, | ||||||
| 2 | discipline, tenure or terms, privileges or conditions | ||||||
| 3 | of employment without following the procedures under | ||||||
| 4 | the E-Verify Program. | ||||||
| 5 | (H) (Blank). | ||||||
| 6 | (I) Pregnancy. For an employer to refuse to hire, to | ||||||
| 7 | segregate, or to act with respect to recruitment, hiring, | ||||||
| 8 | promotion, renewal of employment, selection for training | ||||||
| 9 | or apprenticeship, discharge, discipline, tenure or terms, | ||||||
| 10 | privileges or conditions of employment on the basis of | ||||||
| 11 | pregnancy, childbirth, or medical or common conditions | ||||||
| 12 | related to pregnancy or childbirth. Women affected by | ||||||
| 13 | pregnancy, childbirth, or medical or common conditions | ||||||
| 14 | related to pregnancy or childbirth shall be treated the | ||||||
| 15 | same for all employment-related purposes, including | ||||||
| 16 | receipt of benefits under fringe benefit programs, as | ||||||
| 17 | other persons not so affected but similar in their ability | ||||||
| 18 | or inability to work, regardless of the source of the | ||||||
| 19 | inability to work or employment classification or status. | ||||||
| 20 | (J) Pregnancy; reasonable accommodations. | ||||||
| 21 | (1) If after a job applicant or employee, | ||||||
| 22 | including a part-time, full-time, or probationary | ||||||
| 23 | employee, requests a reasonable accommodation, for an | ||||||
| 24 | employer to not make reasonable accommodations for any | ||||||
| 25 | medical or common condition of a job applicant or | ||||||
| 26 | employee related to pregnancy or childbirth, unless | ||||||
| |||||||
| |||||||
| 1 | the employer can demonstrate that the accommodation | ||||||
| 2 | would impose an undue hardship on the ordinary | ||||||
| 3 | operation of the business of the employer. The | ||||||
| 4 | employer may request documentation from the employee's | ||||||
| 5 | health care provider concerning the need for the | ||||||
| 6 | requested reasonable accommodation or accommodations | ||||||
| 7 | to the same extent documentation is requested for | ||||||
| 8 | conditions related to disability if the employer's | ||||||
| 9 | request for documentation is job-related and | ||||||
| 10 | consistent with business necessity. The employer may | ||||||
| 11 | require only the medical justification for the | ||||||
| 12 | requested accommodation or accommodations, a | ||||||
| 13 | description of the reasonable accommodation or | ||||||
| 14 | accommodations medically advisable, the date the | ||||||
| 15 | reasonable accommodation or accommodations became | ||||||
| 16 | medically advisable, and the probable duration of the | ||||||
| 17 | reasonable accommodation or accommodations. It is the | ||||||
| 18 | duty of the individual seeking a reasonable | ||||||
| 19 | accommodation or accommodations to submit to the | ||||||
| 20 | employer any documentation that is requested in | ||||||
| 21 | accordance with this paragraph. Notwithstanding the | ||||||
| 22 | provisions of this paragraph, the employer may require | ||||||
| 23 | documentation by the employee's health care provider | ||||||
| 24 | to determine compliance with other laws. The employee | ||||||
| 25 | and employer shall engage in a timely, good faith, and | ||||||
| 26 | meaningful exchange to determine effective reasonable | ||||||
| |||||||
| |||||||
| 1 | accommodations. | ||||||
| 2 | (2) For an employer to deny employment | ||||||
| 3 | opportunities or benefits to or take adverse action | ||||||
| 4 | against an otherwise qualified job applicant or | ||||||
| 5 | employee, including a part-time, full-time, or | ||||||
| 6 | probationary employee, if the denial or adverse action | ||||||
| 7 | is based on the need of the employer to make reasonable | ||||||
| 8 | accommodations to the known medical or common | ||||||
| 9 | conditions related to the pregnancy or childbirth of | ||||||
| 10 | the applicant or employee. | ||||||
| 11 | (3) For an employer to require a job applicant or | ||||||
| 12 | employee, including a part-time, full-time, or | ||||||
| 13 | probationary employee, affected by pregnancy, | ||||||
| 14 | childbirth, or medical or common conditions related to | ||||||
| 15 | pregnancy or childbirth to accept an accommodation | ||||||
| 16 | when the applicant or employee did not request an | ||||||
| 17 | accommodation and the applicant or employee chooses | ||||||
| 18 | not to accept the employer's accommodation. | ||||||
| 19 | (4) For an employer to require an employee, | ||||||
| 20 | including a part-time, full-time, or probationary | ||||||
| 21 | employee, to take leave under any leave law or policy | ||||||
| 22 | of the employer if another reasonable accommodation | ||||||
| 23 | can be provided to the known medical or common | ||||||
| 24 | conditions related to the pregnancy or childbirth of | ||||||
| 25 | an employee. No employer shall fail or refuse to | ||||||
| 26 | reinstate the employee affected by pregnancy, | ||||||
| |||||||
| |||||||
| 1 | childbirth, or medical or common conditions related to | ||||||
| 2 | pregnancy or childbirth to her original job or to an | ||||||
| 3 | equivalent position with equivalent pay and | ||||||
| 4 | accumulated seniority, retirement, fringe benefits, | ||||||
| 5 | and other applicable service credits upon her | ||||||
| 6 | signifying her intent to return or when her need for | ||||||
| 7 | reasonable accommodation ceases, unless the employer | ||||||
| 8 | can demonstrate that the accommodation would impose an | ||||||
| 9 | undue hardship on the ordinary operation of the | ||||||
| 10 | business of the employer. | ||||||
| 11 | For the purposes of this subdivision (J), "reasonable | ||||||
| 12 | accommodations" means reasonable modifications or | ||||||
| 13 | adjustments to the job application process or work | ||||||
| 14 | environment, or to the manner or circumstances under which | ||||||
| 15 | the position desired or held is customarily performed, | ||||||
| 16 | that enable an applicant or employee affected by | ||||||
| 17 | pregnancy, childbirth, or medical or common conditions | ||||||
| 18 | related to pregnancy or childbirth to be considered for | ||||||
| 19 | the position the applicant desires or to perform the | ||||||
| 20 | essential functions of that position, and may include, but | ||||||
| 21 | is not limited to: more frequent or longer bathroom | ||||||
| 22 | breaks, breaks for increased water intake, and breaks for | ||||||
| 23 | periodic rest; private non-bathroom space for expressing | ||||||
| 24 | breast milk and breastfeeding; seating; assistance with | ||||||
| 25 | manual labor; light duty; temporary transfer to a less | ||||||
| 26 | strenuous or hazardous position; the provision of an | ||||||
| |||||||
| |||||||
| 1 | accessible worksite; acquisition or modification of | ||||||
| 2 | equipment; job restructuring; a part-time or modified work | ||||||
| 3 | schedule; appropriate adjustment or modifications of | ||||||
| 4 | examinations, training materials, or policies; flexible | ||||||
| 5 | scheduling or modified work hours; temperature or | ||||||
| 6 | climate-adjusted workspace; reassignment to a vacant | ||||||
| 7 | position; time off to recover from conditions related to | ||||||
| 8 | childbirth; and leave necessitated by pregnancy, | ||||||
| 9 | childbirth, or medical or common conditions resulting from | ||||||
| 10 | pregnancy or childbirth. | ||||||
| 11 | For the purposes of this subdivision (J), "undue | ||||||
| 12 | hardship" means an action that is prohibitively expensive | ||||||
| 13 | or disruptive when considered in light of the following | ||||||
| 14 | factors: (i) the nature and cost of the accommodation | ||||||
| 15 | needed; (ii) the overall financial resources of the | ||||||
| 16 | facility or facilities involved in the provision of the | ||||||
| 17 | reasonable accommodation, the number of persons employed | ||||||
| 18 | at the facility, the effect on expenses and resources, or | ||||||
| 19 | the impact otherwise of the accommodation upon the | ||||||
| 20 | operation of the facility; (iii) the overall financial | ||||||
| 21 | resources of the employer, the overall size of the | ||||||
| 22 | business of the employer with respect to the number of its | ||||||
| 23 | employees, and the number, type, and location of its | ||||||
| 24 | facilities; and (iv) the type of operation or operations | ||||||
| 25 | of the employer, including the composition, structure, and | ||||||
| 26 | functions of the workforce of the employer, the geographic | ||||||
| |||||||
| |||||||
| 1 | separateness, administrative, or fiscal relationship of | ||||||
| 2 | the facility or facilities in question to the employer. | ||||||
| 3 | The employer has the burden of proving undue hardship. The | ||||||
| 4 | fact that the employer provides or would be required to | ||||||
| 5 | provide a similar accommodation to similarly situated | ||||||
| 6 | employees creates a rebuttable presumption that the | ||||||
| 7 | accommodation does not impose an undue hardship on the | ||||||
| 8 | employer. | ||||||
| 9 | No employer is required by this subdivision (J) to | ||||||
| 10 | create additional employment that the employer would not | ||||||
| 11 | otherwise have created, unless the employer does so or | ||||||
| 12 | would do so for other classes of employees who need | ||||||
| 13 | accommodation. The employer is not required to discharge | ||||||
| 14 | any employee, transfer any employee with more seniority, | ||||||
| 15 | or promote any employee who is not qualified to perform | ||||||
| 16 | the job, unless the employer does so or would do so to | ||||||
| 17 | accommodate other classes of employees who need it. | ||||||
| 18 | (K) Notice. | ||||||
| 19 | (1) For an employer to fail to post or keep posted | ||||||
| 20 | in a conspicuous location on the premises of the | ||||||
| 21 | employer where notices to employees are customarily | ||||||
| 22 | posted, or fail to include in any employee handbook | ||||||
| 23 | information concerning an employee's rights under this | ||||||
| 24 | Article, a notice, to be prepared or approved by the | ||||||
| 25 | Department, summarizing the requirements of this | ||||||
| 26 | Article and information pertaining to the filing of a | ||||||
| |||||||
| |||||||
| 1 | charge, including the right to be free from unlawful | ||||||
| 2 | discrimination, the right to be free from sexual | ||||||
| 3 | harassment, and the right to certain reasonable | ||||||
| 4 | accommodations, including the right to reasonable | ||||||
| 5 | accommodations for pregnancy, which includes the right | ||||||
| 6 | to reasonable accommodations for menopause-related | ||||||
| 7 | conditions. The Department shall make the documents | ||||||
| 8 | required under this paragraph available for retrieval | ||||||
| 9 | from the Department's website. | ||||||
| 10 | (2) Upon notification of a violation of paragraph | ||||||
| 11 | (1) of this subdivision (K), the Department may launch | ||||||
| 12 | a preliminary investigation. If the Department finds a | ||||||
| 13 | violation, the Department may issue a notice to show | ||||||
| 14 | cause giving the employer 30 days to correct the | ||||||
| 15 | violation. If the violation is not corrected, the | ||||||
| 16 | Department may initiate a charge of a civil rights | ||||||
| 17 | violation. | ||||||
| 18 | (L) Use of artificial intelligence. | ||||||
| 19 | (1) With respect to recruitment, hiring, | ||||||
| 20 | promotion, renewal of employment, selection for | ||||||
| 21 | training or apprenticeship, discharge, discipline, | ||||||
| 22 | tenure, or the terms, privileges, or conditions of | ||||||
| 23 | employment, for an employer to use artificial | ||||||
| 24 | intelligence that has the effect of subjecting | ||||||
| 25 | employees to discrimination on the basis of protected | ||||||
| 26 | classes under this Article or to use zip codes as a | ||||||
| |||||||
| |||||||
| 1 | proxy for protected classes under this Article. | ||||||
| 2 | (2) For an employer to fail to provide notice to an | ||||||
| 3 | employee that the employer is using artificial | ||||||
| 4 | intelligence for the purposes described in paragraph | ||||||
| 5 | (1). | ||||||
| 6 | The Department shall adopt any rules necessary for the | ||||||
| 7 | implementation and enforcement of this subdivision, | ||||||
| 8 | including, but not limited to, rules on the circumstances | ||||||
| 9 | and conditions that require notice, the time period for | ||||||
| 10 | providing notice, and the means for providing notice. | ||||||
| 11 | (Source: P.A. 103-797, eff. 1-1-25; 103-804, eff. 1-1-26; | ||||||
| 12 | 104-417, eff. 8-15-25.) | ||||||
| 13 | Section 97. Severability. The provisions of this Act are | ||||||
| 14 | severable under Section 1.31 of the Statute on Statutes. | ||||||
| 15 | Section 99. Effective date. This Act takes effect January | ||||||
| 16 | 1, 2027, except that the changes to Sections 356z.56 and | ||||||
| 17 | 356z.74 of the Illinois Insurance Code take effect January 1, | ||||||
| 18 | 2028. | ||||||
