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Illinois Prohibits Discrimination Because of Family Responsibilities

10/03/24

Author: ADP Admin/Tuesday, October 1, 2024/Categories: Compliance Corner , State Compliance Update, Illinois

Illinois has enacted legislation that prohibits employers from discriminating against employees because of their family responsibilities. The changes take effect Jan. 1, 2025.

The Details

The law defines family responsibilities as an employee’s actual or perceived provision of personal care to a family member.

The law defines personal care as activities to ensure that a covered family member's basic medical, hygiene, nutritional, or safety needs are met, or to provide transportation to medical appointments, for a covered family member who is unable to meet those needs themselves. It also means being physically present to provide emotional support to a covered family member with a serious health condition who is receiving inpatient or home care.

The definition of family member includes an employee's child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.

Exceptions


The law doesn’t require employers to make accommodations or modifications to reasonable workplace rules or policies for an employee based on family responsibilities, including accommodations or modifications related to leave, scheduling, productivity, attendance, absenteeism, timeliness, work performance, referrals from a labor union hiring hall, and benefits, as long as the rules or policies are applied in accordance with the state’s nondiscrimination and anti-harassment law.

Next Steps

·      Review policies and practices to ensure compliance with the law.

·      Train supervisors on the changes.

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