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Illinois Employment Law Updates

October 4, 2024 | US Law Updates

We would like to bring to your attention several significant changes to Illinois employment laws that will take effect soon and others that took place recently, impacting all employers in the state of Illinois. If you have or plan to have employees in the state of Illinois, it is crucial to review and update your policies and employee handbooks accordingly. Below are the key updates:

  1. Illinois Human Rights Act (IHRA) Amendments (Effective January 1, 2025):

    • Extended Deadline for Discrimination Claims: Employees now have two years (up from 300 days) to file workplace discrimination, harassment, or retaliation claims.

    • New Protections for Reproductive Health Decisions: Employers cannot discriminate based on reproductive health decisions, such as contraception, fertility care, or pregnancy-related healthcare.

    • Family Responsibilities Protections: Employers cannot discriminate against employees based on caregiving responsibilities for family members. However, this does not require adjustments to existing leave policies.

    • AI and Employment Decisions: Starting January 1, 2026, employers must inform employees if AI is used in hiring or other employment decisions. AI tools with discriminatory effects will be prohibited.

  2. Illinois Personnel Record Review Act (Effective January 1, 2025):

    • Employees will have expanded rights to access documents, including records related to benefits, employee handbooks, policies, and agreements.

    • Employers will have seven calendar days (reduced from 14 days) to comply with record requests.

    • Failure to provide requested documents could result in litigation, with employees entitled to recover attorney fees and costs.

  3. Illinois Day and Temporary Labor Services Act (Effective August 4, 2024):

    • Equal Pay Requirements: Temporary workers must be paid the same as the lowest-paid direct hire with similar seniority after working 720 hours in a 12-month period.

    • Pay Calculation Methods: Employers can choose between two methods to calculate pay rates based on comparable employees or standard occupational classifications.

    • Additional Notice Requirements: Staffing companies must provide detailed information about job duties, wages, and applicant confirmation receipts if work assignments are not placed.

These changes reflect Illinois’ commitment to advancing employee protections, and non-compliance can result in significant legal liabilities. We strongly recommend reviewing these new laws and updating your employment policies accordingly. Should you have any questions or require assistance with policy updates, please feel free to reach out.

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