An amendment to the Illinois Human Rights Act (IHRA), signed on August 9, 2024, extends the statute of limitations for filing discrimination charges from 300 days to two years, effective January 1, 2025.
What does this mean for employers?
- Potential for increased risk of litigation: With a longer timeframe to file claims, employees may be more likely to come forward with allegations of discrimination, even if they occurred years ago. Employers need to be prepared for a potential increase in lawsuits.
- Importance of recordkeeping: Maintaining accurate and complete records of employment decisions, including hiring, firing, promotions, and discipline, is crucial for defending against discrimination claims.
- Proactive compliance: Implementing anti-discrimination policies and conducting regular training for managers and employees can help prevent discriminatory practices from occurring.
Next Steps
While the extended statute of limitations may pose a challenge for some employers, taking proactive steps now can help mitigate the risk of discrimination claims. Employers should take the following steps to ensure compliance and reduce claims:
- Review your anti-discrimination policies to ensure they are up-to-date and reflect the new law;
- Train your managers/supervisors and employees on the IHRA and how to prevent discrimination in the workplace;
- Maintain accurate records including documenting all employment decisions and keeping detailed records of the reasons behind them;
- Ensure that you have a trained investigator and a written investigation process in the event you receive internal complaints; and
- Consult with an attorney if you have any questions about the new law or how it applies to your organization.
