What happened?

Between August 7 and 9 of 2024, Illinois Governor J. B. Pritzker signed SB 3310, HB 2161, HB 4867, and HB 3773, which modify the Human Rights Acts starting in 2025.

What are the details?

As we previously reported in our Vensure August Initial Legal Updates, the Illinois legislature amended the Illinois HRA in several bills, which were signed by the governor and amend the act in the following ways:

• Statute of Limitations (SB 3310): Extends the filing period: The bill extends the date to file a charge from 300 calendar days to 2 years for an alleged violation under the Act, except for the Real Estate Transactions Article.
• Family Responsibilities (HB 2161): Adds and defines “family responsibilities” to the list of classes protected from harassment and discrimination under the IHRA.
• Reproductive Health Decisions (HB 4867): Adds and defines “Reproductive Health Decisions” to the list of classes protected from discrimination under the IHRA.
• Artificial Intelligence and Zip Codes (HB 3773): Defines “artificial intelligence” and “generative artificial intelligence “. The proposed regulation would oversee the use of AI in employment activities like hiring, promotion, and discipline. It prohibits the discriminatory use of AI-based on protected classes or zip codes.

Business Considerations

• Employers should prepare to update their policies, practices, and procedures according to the amendments, especially the ones regarding the IHRA.
• Employers should extend record-keeping practices to at least 3 years to comply with the extended deadline for filing civil rights violation charges.
• Employers should educate employees and management about the new protections for family responsibilities and should consider implementing support systems for employees with family responsibilities, such as flexible working hours or family leave policies.
• Employers should ensure that policies explicitly prohibit discrimination based on reproductive health decisions and provide training to HR and management on the new protections and how to manage related issues sensitively and legally.
• Employers should ensure AI in employment decisions is non-discriminatory, notify employees of its use, and work with IT and legal (if required to do so) to comply with regulations.

Source References

• IL SB3310
• IL HB2161
• IL HB4867
• IL HB3773
• Illinois Prohibits Discriminatory Artificial Intelligence in Employment Decisions (Epstein Becker & Green, P.C.)
• Legal Update: New Illinois AI Law Requires Employee Notice, Affirms Existing Employer Nondiscrimination Duties (Seyfarth Shaw LLP.)

Resources

• IL Guardianship and Advocacy Commission (HRA)

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