Dive Brief:
- Illinois law now protects workers from employment discrimination based on their family responsibilities. Under the law, which took effect Jan. 1, employers in the state can’t make decisions about recruitment, hiring, promotion, and more based on a worker or candidate’s real or perceived personal care of a relative, according to a news release issued Dec. 27 by Illinois Gov. JB Pritzker’s office.
- House Bill 2161 amended the Illinois Human Rights Act and protects workers caring for their qualifying family member. That care covers taking a family member to a doctor’s appointment; meeting their basic needs, including medical, hygiene, nutritional or safety needs; providing emotional support for those with serious conditions who receive inpatient or home care; as well as other responsibilities, according to the release.
- “Being a caregiver is one of the most important roles a person can take on, and in Illinois, we’re making sure no one is penalized for stepping up for their loved ones,” Pritzker said in a prepared statement. “With this law, we’re strengthening protections for workers and ensuring caregivers can balance their responsibilities at work and at home.”
Dive Insight:
The law makes Illinois one of less than 10 states that offer such leave, the governor’s office said.
“HB2161 is on the cutting edge of protections for employee family responsibilities,” according to an analysis by law firm Ogletree Deakins.
And it builds on new legislation that took effect in January 2024 that requires Illinois employers to provide 40 hours of paid leave to workers that can be taken for any reason, the law firm pointed out.
“At one point or another, almost every worker will need to provide personal care to a family member in need,” Illinois Department of Human Rights Director Jim Bennett said in a statement. “This law protects employees with family responsibilities from workplace discrimination, ensuring that employment decisions are made on their job performance instead of bias.”
Ogletree Deakins said Illinois employers should consider amending their employment discrimination processes and updating their workplace notices and handbook policies to reflect the new protections.