Illinois Expands Workplace Protections

Illinois has enacted several employment-related measures that expand workplace protections involving menopause-related conditions, discrimination, jury service, and volunteer emergency workers. Employers should review their policies and practices to prepare for these changes.

Menopause-Related Workplace Protections

The Illinois Menopause Equity and Care Act expands workplace accommodation protections for menopause-related conditions under the Illinois Human Rights Act.

Effective January 1, 2027, reasonable accommodations available under the Act’s pregnancy provisions will include accommodations for menopause-related conditions. Examples may include flexible scheduling, modified work hours, and temperature or climate adjusted workspaces. Employers must engage in a timely, good faith interactive process when an accommodation is requested and provide required notices regarding accommodation rights.

Disparate Impact Protections

Effective January 1, 2027, Illinois’ Civil Rights Safeguard Act codifies disparate impact protections under the Illinois Human Rights Act, including in employment.

Under a disparate impact theory, a facially neutral employment policy or practice may result in unlawful discrimination when it disproportionately affects members of a protected class, even without evidence of intentional discrimination. The change reinforces the importance of evaluating both the purpose and practical impact of employment practices.

Jury Service and Volunteer Emergency Workers

Beginning January 1, 2027, Illinois’ Jury Duty Act is amended, requiring employers with more than 25 employees to compensate employees at their regular rate of pay for time spent serving on jury duty. Existing protections requiring employees to receive time off for jury service and prohibiting retaliation remain in place.

Illinois also strengthened protections under the Volunteer Emergency Worker Job Protection Act. The changes extend protections to required training and prohibit covered employers from penalizing employees for responding to emergencies or participating in required training. Employers may not require covered employees to use vacation or other compensatory time for these purposes.

Recommended Next Steps for Employers

Illinois employers should:

• Review Policies. Update accommodation, equal employment opportunity, jury duty, leave, and emergency-response policies as necessary.
• Review Employment Practices. Evaluate hiring, promotion, discipline, compensation, and other practices for potential unintended adverse impacts on protected groups.
• Train HR and Managers. Ensure those handling accommodation and leave requests understand the expanded protections and applicable interactive process requirements.
• Prepare for 2027 Changes. Review payroll and administrative procedures to ensure applicable jury duty and accommodation requirements can be implemented by their effective dates.
• Stay Informed. With regard to the changes to the Jury Duty Act, it remains unclear whether coverage will be based on an employer’s total workforce or only employees located in Illinois; therefore, employers should continue to monitor guidance from Illinois agencies and consult legal counsel with specific compliance questions.

How HR Works Can Help

HR Works offers employment law compliance and strategic HR support to assist clients with understanding and addressing employment law changes. Contact us today to learn more.